Australian Municipal, Administrative, Clerical and Services Union v Queensland Rail Transit Authority T/A Queensland Rail

[2023] FWC 1601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Australian Municipal, Administrative, Clerical and Services Union
v

Queensland Rail Transit Authority T/A Queensland Rail

(B2023/653)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 30 JUNE 2023

Application to extend the 30 day period in relation to B2023/428.

This matter concerns the declaration of the result of a protected action ballot (PR761937) held in matter B2023/428 and declared on 30 May 2023.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3)The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application made by the ASU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Queensland Rail Transit Authority T/A Queensland Rail has advised the Commission it has no objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible ASU members employed by Queensland Rail Transit Authority T/A Queensland Rail be extended by a further 30 days.

This order will operate on and from 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union (ASU) filed an application with the Fair Work Commission (FWC) to extend the 30-day period in which industrial action is authorised by a protected action ballot for employees of Queensland Rail Transit Authority T/A Queensland Rail. The application seeks an extension under section 459(3) of the Fair Work Act 2009, which allows the FWC to extend the period by up to 30 days if certain conditions are met. The Queensland Rail Transit Authority has not opposed the application.

The legal issue before the FWC was whether the conditions set out in section 459(3) of the Fair Work Act have been met, justifying an extension of the 30-day period. The primary condition is that the period has not previously been extended, which the FWC determined was satisfied. The FWC found that the ASU's application met the requirements and granted the extension, reasoning that all necessary conditions were fulfilled and no legal impediments existed.

In reaching its decision, the FWC considered the statutory language of section 459(3) and determined that the application was properly made within the timeframe and without any prior extensions. The absence of opposition from Queensland Rail Transit Authority further supported the granting of the extension. The FWC emphasised the importance of adhering to the procedural requirements of the Act and noted that the application complied with these requirements.

The FWC granted the application and extended the 30-day period for the commencement of protected industrial action by a further 30 days. This extension will commence on 30 June 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established