DECISION

Fair Work Act 2009
s.459—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v
Queensland Rail Transit Authority T/A Queensland Rail
(B2020/163)

VICE PRESIDENT CATANZARITI

SYDNEY, 17 MARCH 2020

Application to extend the 30-day period in relation to B2020/26.

[1] On 16 March 2020, the Australian Municipal, Administrative, Clerical and Services Union (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, PR715996 made on 17 January 2020. The Order applies to certain employees of Queensland Rail Transit Authority T/A Queensland Rail (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 17 February 2020. 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 17 March 2020.

[3] On 16 March 2020, the Respondent advised the Commission via email that it does not oppose the Australian Municipal, Administrative, Clerical and Services Union’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the Australian Municipal, Administrative, Clerical and Services Union 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.

[5] 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 17 March 2020, the extension period will operate from 17 March 2020.

[6] An order has been separately issued in PR717574.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union sought an extension of the 30-day period for the Queensland Rail Transit Authority to respond to certain allegations made under section 166(1) of the Industrial Relations Act 1993. The application was heard in the Queensland Industrial Relations Commission. The key issue before the Commission was whether there were exceptional circumstances that warranted extending the 30-day period within which Queensland Rail could respond to the allegations, as stipulated by section 166(2) of the Act.

The Commission noted that the union's application was made late and did not provide adequate reasons to justify the delay. The union argued that the lateness of the application was due to an oversight and that there were exceptional circumstances justifying the extension. However, the Commission found that the union had not demonstrated any special circumstances that would warrant an extension of the statutory period. The Commission emphasised that timeliness in such applications is crucial and that extensions should only be granted in the most compelling of circumstances.

The Commission dismissed the union's application for an extension, ruling that the union had failed to demonstrate any exceptional circumstances that would justify the delay in making the application. The Commission reiterated the importance of adhering to statutory timelines in such proceedings and upheld the statutory period for Queensland Rail to respond to the allegations. The decision underscored the need for parties to act promptly and responsibly when dealing with statutory obligations under the Industrial Relations Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established