Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd
Citation: [2021] FCA 458
What happened
Metro Trains Melbourne proposed a restructure of station grade roles affecting station masters and passenger service leaders employed in its suburban railway system. The proposed changes would reduce station master positions overall, adjust numbers at specific stations, and eliminate the passenger service leader classification. In April 2021, the company communicated the changes via PowerPoint presentations and meetings, seeking voluntary redundancy expressions and proposing a redeployment process with an effective date of 24 May 2021. The Rail, Tram and Bus Industry Union representing affected employees disputed whether the restructure complied with the enterprise agreement.
What was decided
The union sought an urgent interlocutory injunction to prevent the restructure pending resolution of an underlying dispute. The court was persuaded that the dispute should be resolved by the Fair Work Commission. Rather than grant the injunction, the parties offered undertakings. The company undertook not to redeploy station grade employees or make any station grade employee roles redundant pending the Fair Work Commission's determination. With these undertakings in place, the court dismissed the application for interlocutory relief as the potential prejudice to the Applicant was adequately addressed.
What it means for employers
Employers must follow enterprise agreement procedures for restructures affecting employee roles and classifications. Where an agreement requires a joint review before implementing changes, proceeding without that review can trigger dispute resolution. Undertakings to maintain the status quo during dispute resolution can prevent court intervention but do not avoid underlying liability.
What it means for employees
Enterprise agreements can protect employees by requiring employers to conduct joint reviews before implementing significant structural changes. Union members can invoke dispute resolution procedures when they believe changes breach agreement terms. Status quo obligations during disputes can preserve existing job arrangements pending resolution.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →