| [2023] FWC 1602 |
| 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
(B2023/655)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 30 JUNE 2023 |
Application to extend the 30 day period in relation to B2023/427.
This matter concerns the declaration of the result of a protected action ballot (PR761927) held in matter B2023/427 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
<PR763830>
- AGLC
- Australian Municipal, Administrative, Clerical and Services Union v Queensland Rail Transit Authority T/A Queensland Rail [2023] FWC 1602
- Case
- [2023] FWC 1602
- Decision Date
CaseChat Overview and Summary
The legal issue before the Commission was whether the 30-day period for protected industrial action could be extended under Section 459(3) of the Fair Work Act 2009. The application from the ASU sought to extend this period by an additional 30 days, arguing that all statutory requirements were satisfied and the period had not been previously extended. The Commission found that the ASU's application met the criteria set out in the Act.
After assessing the application and considering the absence of objection from Queensland Rail, the Deputy President of the Fair Work Commission, Hampton, concluded that the application should be granted. The Deputy President was satisfied that the relevant requirements under Section 459(3) of the Fair Work Act had been met, and thus, the application was approved. 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 was extended by an additional 30 days, effective from 30 June 2023. This decision underscores the Commission's role in balancing the statutory framework with the practical considerations of the parties involved.
Orders
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Background
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