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

The case of Metro Trains Melbourne Pty Ltd versus the Australian Rail, Tram and Bus Industry Union was heard in the Fair Work Commission. Metro Trains Melbourne, the respondent, sought the disqualification of a union representative, who was acting as an advocate in a dispute concerning rosters within the Infrastructure Division of the company. The union representative was alleged to have shown apprehended bias, which led to the application for disqualification.

The legal issues that the court was required to decide were primarily centred on the threshold for disqualification based on apprehended bias. The court had to consider whether the evidence presented by Metro Trains Melbourne was sufficient to establish that the union representative had a closed mind on the matters before the commission and that this closed mind was such that it could not be set aside. The court also needed to assess whether the union representative had failed to accord to Metro Trains Melbourne the kind of procedural fairness that a fair-minded observer would have expected.

The Fair Work Commission, in dismissing the application for disqualification, found that the evidence did not meet the high threshold required to establish apprehended bias. The commission emphasised that the union representative had not displayed a closed mind, nor had they failed to accord procedural fairness. The commission concluded that the union representative was capable of setting aside any preconceived notions and giving impartial consideration to the evidence and submissions presented. The decision underscores the importance of a high threshold for claims of apprehended bias in employment matters, particularly in the context of union advocacy within the Fair Work Commission.