ORDER

Fair Work Act 2009
s.437—Protected action

Australian Rail, Tram and Bus Industry Union
v
Transdev Sydney Pty Ltd T/A Transdev Sydney
(B2019/1411)

COMMISSIONER MCKENNA

SYDNEY, 24 DECEMBER 2019

Proposed protected action ballot of employees of Transdev Sydney Pty Ltd employed as, or in training as, CBD and South East Light Rail Drivers, Controllers, Trainers, Customer Service Officers and Authorised Officers, who are members of the ARTBIU NSW Branch who would be covered by the proposed EA.

Pursuant to s.443 of the Fair Work Act 2009 (the Act) the Fair Work Commission orders:

1. PROTECTED ACTION BALLOT TO BE HELD

The Australian Rail, Tram and Bus Industry Union is to hold a protected action ballot of employees of Transdev Sydney Pty Ltd T/A Transdev Sydney described in clause 3 of this order.

2. NAME OF PERSON AUTHORISED TO CONDUCT THE BALLOT

The ballot is to be conducted by the Australian Electoral Commission.

3. GROUP OR GROUPS OF EMPLOYEES TO BE BALLOTED

The employees to be balloted are those employees of Transdev Sydney Pty Ltd employed as, or in training as, CBD and South East Light Rail Drivers, Controllers, Trainers, Customer Service Officers and Authorised Officers, who are members of the Australian Rail Tram and Bus Industry Union NSW Branch (RTBU) and who would be covered by the proposed enterprise agreement and for whom the RTBU is the bargaining representative.

4. DATE BY WHICH BALLOT CLOSES

The date by which voting in the protected action ballot is to close is 20 working days from the day of this order.

5. QUESTIONS

In support of reaching an enterprise agreement with your employer, do you endorse the taking of protected industrial action which may involve taking separately, concurrently and/or consecutively, any or all of the following actions as set out below:

1	An unlimited number of indefinite or periodic bans on the working of overtime	Yes/No
2	An unlimited number of indefinite or periodic partial work bans	Yes/No
3	An unlimited number of bans or limitations on the completion of paperwork (critical reports related to safety as per the Rail Safety National Law National Regulation 2012 are exempt).	Yes/No
4	An unlimited number of bans or limitations on the wearing of uniforms (except for personal protection or safety equipment)	Yes/No
5	An unlimited number of stoppages of work for one (1) hour	Yes/No
6	An unlimited number of stoppages of work for two (2) hours	Yes/No
7	An unlimited number of stoppages of work for four (4) hours	Yes/No
8	An unlimited number of stoppages of work for six (6) hours	Yes/No
9	An unlimited number of stoppages of work for eight (8) hours	Yes/No
10	An unlimited number of stoppages of work for twelve (12) hours	Yes/No
11	An unlimited number of stoppages of work for twenty four (24) hours	Yes/No
12	An unlimited number of indefinite stoppages of work	Yes/No

COMMISSIONER

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