[2025] FWC 83
Citation: [2025] FWC 83
What happened
The Australian Rail, Tram and Bus Industry Union (RTBU) sought to correct a Protected Action Ballot Order (PABO) issued in May 2024. The original PABO covered employees of Transdev Sydney Pty Ltd, but the RTBU wanted to include Great River City Light Rail Pty Ltd, which shares a parent company, Transdev Australasia Pty Ltd, with Transdev Sydney. Both companies operate light rail services in Sydney, with some employees having dual roles. During bargaining for an enterprise agreement, representatives from both companies used the same email domain (@transdev.com.au). While the ballot included employees of both companies, Transdev Sydney and Great River only raised concerns about industrial action involving Great River employees in July 2024.
What was decided
The Fair Work Commission refused the RTBU's request to amend the PABO to include Great River City Light Rail. The Commission found that while the omission was an inadvertent error, and there was confusion regarding the separate entities, it was not in the interests of justice to correct the error. The Commission acknowledged that RTBU members at Great River were being deprived of the right to take industrial action, but ultimately determined that the error did not warrant intervention. The Commission emphasized the importance of accurate employer identification in PABOs.
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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 →