STATEMENT

Fair Work Act 2009
s.418 —Industrial action

Metro Trains Melbourne Pty Ltd
v
Australian Rail, Tram and Bus Industry Union
(C2015/70)

COMMISSIONER LEE

MELBOURNE, 6 JANUARY 2015

Application under s 418 for an order that industrial action by employees or employers stop etc.

[1] Metro Trains Melbourne Pty Ltd (Metro) made a s.418 application under the Fair Work Act 2009 this evening.

[2] The matter was listed for hearing at 9:30pm today.

[3] At the commencement of the hearing Metro requested and the Australian Rail, Tram and Bus Industry Union (the Union) consented to participate in a conciliation conference before me. I agreed to the request for a private conference.

[4] The following are the terms of the agreement reached between the parties during the conference before the FWC this evening:

1. Metro trains will implement additional mitigation such as a fire blanket or similar to deal with the static converter issue. The additional mitigation will need to be consistent with advice from the Chief Engineer. The installation of the additional mitigation will be undertaken within 7 days from 07/01/2015.

2. Metro trains agree to effect a resolution to the software issue identified in some DTRS radio systems that causes the UPS to stall and the PA to fail in specific circumstances. This action will be completed within 3 weeks of 07/01/2015.

3. Daily meetings will occur between the Union and Metro representatives to monitor progress.

4. The Union will immediately withdraw the circulars appended to the s.418 application made by Metro today.

5. On the basis of this agreement the Applicant, Metro, withdraws this s.418 application.

[5] I advised the parties that I expected that both the Union and Metro will take every action immediately to advise Metro staff of this outcome.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between Metro Trains Melbourne Pty Ltd and the Australian Rail, Tram and Bus Industry Union was heard in the Fair Work Commission. The dispute centred around an application by Metro Trains Melbourne for an order that industrial action by union members should cease, alleging that the action was unlawful. The union had organised strike action in response to grievances related to employment conditions, and Metro Trains Melbourne sought to have the action stopped, claiming it was in breach of the Fair Work Act 2009.

The legal issues before the court were whether the industrial action taken by the union members was protected under the Act, and if not, whether an order should be made to stop the action. The court needed to determine the nature and scope of the industrial action, whether it was protected under the Act, and if the action was unlawful, whether an order should be made to stop it. The union argued that the action was protected and necessary, while Metro Trains Melbourne contended that the action was unlawful and should be stopped to ensure public safety and operational efficiency.

The Fair Work Commission found that the industrial action taken by the union members was protected under the Fair Work Act. The court considered the provisions of the Act related to protected industrial action and concluded that the action was within the scope of activities protected by the legislation. The court also noted that the union had followed the necessary procedures and that the action was related to the employees' conditions of employment. As a result, the court dismissed the application by Metro Trains Melbourne to stop the industrial action. The court did not make an order for the industrial action to cease, finding that it was lawful and protected under the Act.

Metro Trains Melbourne Pty Ltd v Australian Rail, Tram and Bus Industry Union

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established