Application by Australian Rail, Tram and Bus Industry Union (139V),Application by Metro Trains Sydney Pty Ltd
Citation: [2026] FWC 2616
At a glance
- Employees affected
- 60
What happened
The Australian Rail, Tram and Bus Industry Union (RTBU) applied to the Fair Work Commission for an order allowing a protected action ballot regarding proposed enterprise agreements for Metro Trains Sydney Pty Ltd (MTS). MTS doesn’t oppose the order but seeks an extension of the notice period for industrial action from three to five days. MTS operates train lines in Sydney, serving approximately 2.5 million passengers weekly and managing significant assets. The RTBU's proposed industrial action includes questions related to work practices, stoppages, bans, and distributing union material. A separate application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) regarding the same enterprise agreement.
What was decided
The Fair Work Commission refused the RTBU’s application for a protected action ballot order, denying MTS's request to extend the notice period for industrial action. Deputy President Slevin found that MTS failed to demonstrate ‘exceptional circumstances’ justifying an extended notice period beyond the standard three days. The decision highlighted the need for applicants seeking extensions to provide compelling evidence and balance employer interests with employee bargaining power. The Commission referred to previous decisions, including NTEU v Charles Darwin University and Construction, Forestry, Maritime, Mining and Energy Union v DP World Sydney Ltd, which outline the criteria for exceptional circumstances.
What it means for employers
Employers seeking to extend notice periods for protected action must demonstrate 'exceptional circumstances' beyond routine operational challenges. This requires detailed evidence and a clear justification that outweighs the impact on employee bargaining power. Thoroughly document potential disruptions caused by industrial action and be prepared to present this information to the Fair Work Commission.
What it means for employees
Employees should be aware of the process for protected action ballots and the standard notice periods involved. While employers can seek extensions, the Commission will carefully scrutinise such requests. The RTBU’s application was unsuccessful, highlighting that exceptional circumstances must be clearly demonstrated to warrant an extended notice period.
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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 →