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

[2023] FWC 1540

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

(B2023/645)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 27 JUNE 2023

Application to extend the 30 day period in relation to B2023/426

This matter concerns the declaration of the result of a protected action ballot (PR761921) held in matter B2023/426 and declared on 16 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 (Queensland Rail) has advised it does not have any objection to this application.

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

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 be extended by a further 30 days.

This order will operate on and from 27 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Municipal, Administrative, Clerical and Services Union (ASU) applied for an extension of the 30-day period in which industrial action could be taken under the authorisation of a protected action ballot held in matter B2023/426. The application was made under section 459(3) of the Fair Work Act 2009. Queensland Rail Transit Authority T/A Queensland Rail did not object to the application. The Commission was required to determine whether the statutory conditions for extending the period were satisfied.

The key legal issue before the Commission was whether the conditions set out in section 459(3) of the Act had been met. Section 459(3) allows for the 30-day period to be extended if an applicant for the protected action ballot order applies to the Commission and if the period has not previously been extended. The ASU argued that the statutory conditions had been fulfilled. Queensland Rail did not oppose the application.

The Commission considered the statutory terms and found that the conditions for extending the period had been met. The ASU had applied for the extension and the period had not previously been extended. The Commission was satisfied that the application should be granted in accordance with the express terms of the Act. The Deputy President concluded that the application should be granted and ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established