Australian Federated Union of Locomotive Employees v Pacific National (Queensland Coal) Pty Ltd

[2022] FWC 677

[2022] FWC 677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Australian Federated Union of Locomotive Employees

v

Pacific National (Queensland Coal) Pty Ltd

(B2022/228)

VICE PRESIDENT CATANZARITI SYDNEY, 28 MARCH 2022

Application to extend the 30 day period in relation to B2022/12

1. On 24 March 2022, the Australian Federated Union of Locomotive Employees (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR737626 made on 20 January 2022. The Order applies to certain employees of Pacific National (Queensland Coal) Pty Ltd (the Respondent).

1. The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 3 March 2022. Pursuant to s. 459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expires at midnight on 1 April 2022.

1. On 24 March 2022, the Respondent advised the Commission via email that it does not oppose the Australian Federated Union of Locomotive Employees’ application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

1. In addressing s.459(3) of the Act, this application is made by the Australian Federated Union of Locomotive Employees who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

1. On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 1 April 2022, the extension period will operate from 1 April 2022.

1. An order has been separately issued in PR739731.

VICE PRESIDENT

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