The Fair Work Commission has ordered the RTBU to stop proposed industrial action after finding its notice failed to properly specify the nature of the action. The decision highlights the importance of clarity in industrial action notices following a protected action ballot.
Aurizon Operations Limited and Interail Australia Pty Ltd applied to the Fair Work Commission for orders to stop industrial action organised by the Australian Rail, Tram and Bus Industry Union (RTBU).
The dispute arose during bargaining for a new enterprise agreement covering train crew employees in Aurizon’s NSW coal operations. Before protected industrial action can occur, employees must first authorise the action through a protected action ballot, and the bargaining representative must then give the employer written notice specifying the nature of the action and when it will begin.
In this case, the protected action ballot results indicated that at least 296 employees were union members among approximately 334 employees covered by the agreement. However, Aurizon did not know which particular employees were union members or would participate in the proposed industrial action.
Following the ballot, the RTBU issued a notice stating that from 12:01am on 3 February 2026 employees would engage in:
“A change to the manner that work is performed in the form of a periodic interruption to work in order to attach stickers in support of the RTBU’s enterprise bargaining campaign to Aurizon trains or assets (that does not impact on safety).”
The Disputed Industrial Action Notice
Aurizon argued that the notice did not comply with the Fair Work Act notice requirements, because it did not meaningfully explain when, where, how often, or for how long employees might interrupt their work.
The company submitted that this lack of clarity meant it could not prepare operational or safety responses to the proposed industrial action.
The RTBU argued that the notice was sufficient. It said the nature of the action was clear: workers would briefly interrupt work to attach stickers, and the safety qualification meant it would only occur when safe to do so.
FWC Decision and Reasoning
Deputy President Easton found that the notice did not meet the requirements of section 414(6) of the Fair Work Act.
The Commission emphasised that while notices do not need to provide exact operational detail, they must still give employers enough information to reasonably understand the nature of the industrial action and consider appropriate responses.
In this case, the description of “periodic interruptions” was too broad.
- A reasonable employer reading the notice could only conclude that:
- an unknown number of employees could interrupt work,
- at times of their own choosing,
- for unspecified durations,
- potentially throughout an indefinite period.
The reference to attaching stickers did not sufficiently limit the scope of the interruptions, meaning the employer could not properly anticipate the scale or duration of the industrial action.
Because the notice failed to adequately specify the nature of the action, the proposed industrial action would not be protected industrial action under the Act.
As a result, the Commission was required to issue orders under section 418 directing the RTBU and employees not to organise or engage in the notified action.
Key Takeaways for Employers
- Protected action ballots are only one step in the process. Even if employees vote to authorise industrial action, the action must still comply with the strict notice requirements under the Fair Work Act.
- Notices must specify the nature of the industrial action. Broad or vague descriptions — such as “periodic interruptions” without meaningful limits — may render the notice invalid.
- Employers are entitled to enough information to prepare a response. The purpose of the notice is to allow employers to consider operational, legal or commercial responses before action begins.
Invalid notice means the action is unprotected. If notice requirements are not met, the Commission must order that the industrial action stop or not occur.
Protect the Integrity of Your Ballot and Bargaining Process
Industrial disputes often turn on process as much as substance. Even where employees have authorised action through a protected action ballot, failures in subsequent steps—such as unclear or non-compliant notices—can undermine the entire process.
At IRBLOTS, we support employers in running simple, secure, and compliant workforce ballots with independent oversight, identity verification, and clear audit trails. A well-managed ballot process helps ensure each stage of bargaining is built on a strong and defensible foundation.
Planning an enterprise agreement vote or workforce ballot? Partner with IRBLOTS to ensure your process is clear, compliant and well-managed. Request a quote or contact us today to get started.
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