1 Fair Work Act 2009 s.437—Protected action Australian Rail, Tram and Bus Industry Union v Queensland Rail Transit Authority T/A Queensland Rail (B2023/421) VICE PRESIDENT CATANZARITI BRISBANE, 15 MAY 2023 Proposed protected action ballot of employees of Queensland Rail Transit Authority Trading As Queensland Rail [1] This is an application by the Australian Rail, Tram and Bus Industry Union, Queensland Branch (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). [2] On 9 May 2023, the Fair Work Commission was advised that the Respondent objected to the application, however, the parties were able to reach a consent position. [3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. [4] On the basis of the material before me, including the statutory declaration of Carla Jones of the Applicant declared on 5 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. [5] An Order has been separately issued in PR761892. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer [2023] FWC 1139 DECISION [2023] FWC 1139 2 <PR761893>