Australian Rail, Tram and Bus Industry Union - Queensland Branch v KDR Gold Coast Pty Ltd T/A KDR

[2019] FWC 3334

[2019] FWC 3334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Australian Rail, Tram and Bus Industry Union - Queensland Branch
v
KDR Gold Coast Pty Ltd T/A KDR
(B2019/381)

VICE PRESIDENT CATANZARITI SYDNEY, 14 MAY 2019

Application to extend the 30-day period in relation to B2019/212.

[1] On 10 May 2019, the Australian Rail, Tram and Bus Industry Union – Queensland Branch (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, PR705846 made on 14 March 2019. The Order applies to certain employees of KDR Gold Coast Pty Ltd T/A KDR (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 11 April 2019. 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 expired at midnight on 10 May 2019.

[3] On 13 May 2019, the Respondent advised the Commission via email that it does not oppose the Australian Rail, Tram and Bus Industry Union – Queensland Branch’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 Rail, Tram and Bus Industry Union – Queensland Branch 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 expired at midnight on 10 May 2019, the extension period will operate from 10 May 2019.

[6] An order has been separately issued in PR708301.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR708302>