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

[2015] FWC 104

[2015] FWC 104

FAIR WORK COMMISSION

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

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