Application by Australian Rail, Tram and Bus Industry Union
Cited 1×
Applicant: Australian Rail, Tram and Bus Industry Union
Respondent: UGL Rail Pty Ltd
Ratio
The requirements of s.443(1) of the Fair Work Act 2009 for a protected action ballot order were satisfied on the basis of evidence that the union had been genuinely trying to reach agreement with the employer through bargaining steps, as demonstrated by statutory declaration.",
"outcome": "granted"
Authority signal
Cited 1×
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Derived from how later decisions have treated this case. Dark green = leading authority,
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Key facts · 4
- Application by RTBU for a protected action ballot order in relation to employees of UGL Rail Pty Ltd
- Respondent did not object to the application
- Applicant provided statutory declaration of Mr B Evans setting out steps taken in bargaining and genuine attempts to reach agreement with Respondent
- Matter determined on the papers without holding a hearing
Factors
For
- Statutory declaration evidence that union has been genuinely trying to reach agreement with respondent company
- Statutory declaration evidence of steps taken in bargaining with the respondent
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s437
- Fair Work Act 2009 (Cth) s443(1)
Concept tags · 3
Archived text (235 words)
Application by Australian Rail, Tram and Bus Industry Union [2016] FWC 1416 (3 March 2016)
[2016] FWC 1416
FAIR WORK COMMISSION
DECISION
Fair Work Act 2009
s.437
- Application for a protected action ballot order
Australian Rail, Tram and Bus Industry Union
v
UGL Rail Pty Ltd
(B2016/343)
DEPUTY PRESIDENT GOSTENCNIK
MELBOURNE, 3 MARCH 2016
Proposed protected action ballot of employees of UGL Rail Pty Ltd.
[1]
This is an application by the Australian Rail, Tram and Bus Industry Union (RTBU) (the Applicant) made under
s.437
of the
Fair Work Act 2009
(the Act) for a protected action ballot order in relation to certain employees of UGL Rail Pty Ltd (the Respondent).
[2]
On 3 March 2016 my associate was advised that the Respondent did not object to the application.
[3]
In the circumstances, I have decided to determine the matters on the papers without holding a hearing.
[4]
On the basis of the material before me, including the statutory declaration of Mr B Evans of the Applicant setting out the steps taken
by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent
Company, I am satisfied that the requirements in
s.443(1)
of the Act have been met.
[5]
An order has been separately issued in
PR577664
.
DEPUTY PRESIDENT
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