Sydney Trains v Australian Rail, Tram and Bus Industry Union (Separate Question) [2024] FCA 1479

Sydney Trains v Australian Rail, Tram and Bus Industry Union (Separate Question) [2024] FCA 1479

The statutory expression 'proposed enterprise agreement' is generic and does not require a fixed or immutable type. The making of a single interest employer authorisation does not reset or alter the relevant 'proposed enterprise agreement', and the protected action ballot orders remain effective. Therefore, the notified industrial action remains protected within the meaning of the Fair Work Act 2009 (Cth), and the applicants have not established entitlement to the declaration sought.

Parties
First Applicant: Sydney Trains; Second Applicant: NSW Trains; First Respondent: Australian Rail, Tram and Bus Industry Union; Second Respondent: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Third Respondent: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Known As The Australian Manufacturing Workers Union; Fourth Respondent: Association of Professional Engineers, Scientists and Managers, Australia; Fifth Respondent: Australian Municipal, Administrative, Clerical and Services Union
Jurisdiction
Australia
Judgment Date
19 December 2024
Procedural Posture
Originating Application for Declaratory Relief / Separate Trial of a Question on Final Basis
Outcome
Declaration refused; judgment for respondents.
Legal Topics
Protected Industrial Action, Enterprise Agreement Bargaining, Statutory Interpretation
Employment and Industrial Relations Industrial Law Protected Industrial Action Enterprise Agreement Bargaining Statutory Interpretation

Case Brief

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Parties

Sydney Trains

First Applicant

NSW Trains

Second Applicant

Australian Rail, Tram and Bus Industry Union

First Respondent

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Second Respondent

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Known As The Australian Manufacturing Workers Union

Third Respondent

Association of Professional Engineers, Scientists and Managers, Australia

Fourth Respondent

Australian Municipal, Administrative, Clerical and Services Union

Fifth Respondent

Procedural Posture

Originating Application for Declaratory Relief / Separate Trial of a Question on Final Basis

Legal Issues

  1. 1 Whether notified industrial action is protected industrial action after a single interest employer authorisation is made
  2. 2 Proper construction of 'proposed enterprise agreement' under the Fair Work Act 2009 (Cth)
  3. 3 Effect of single interest employer authorisation on prior protected action ballot orders

Ratio Decidendi

The statutory expression 'proposed enterprise agreement' is generic and does not require a fixed or immutable type. The making of a single interest employer authorisation does not reset or alter the relevant 'proposed enterprise agreement', and the protected action ballot orders remain effective. Therefore, the notified industrial action remains protected within the meaning of the Fair Work Act 2009 (Cth), and the applicants have not established entitlement to the declaration sought.

Court Disposition

Declaration refused; judgment for respondents.

Orders

  • There be judgment for the respondents on the applicants' claim for relief in paragraph 1 of the originating application.
  • Paragraph 1 of the orders made on 8 December 2024 be discharged.