The Association of Professional Engineers, Scientists and Managers, Australia v Queensland Rail Transit Authority T/A Queensland Rail

Case

[2023] FWC 1156

16 MAY 2023


[2023] FWC 1156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Association of Professional Engineers, Scientists and Managers, Australia
v

Queensland Rail Transit Authority T/A Queensland Rail

(B2023/440)

VICE PRESIDENT CATANZARITI

SYDNEY, 16 MAY 2023

Proposed protected action ballot of employees of Queensland Rail Transit Authority T/A Queensland Rail

  1. This is an application by the Association of Professional Engineers, Scientists and Managers, Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Queensland Rail Transit Authority T/A Queensland Rail (Respondent).

  1. On 11 May 2023, the Fair Work Commission was advised that the Respondent did not oppose the application.

  1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

  1. On the basis of the material before me, including the statutory declaration of Annalese Jack of the Applicant declared on 10 May 2023, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

  1. An Order has been separately issued in PR761948.


VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR761949>

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