Australian Rail, Tram and Bus Industry Union v Kdr Gold Coast Pty Ltd T/A Kdr Gold Coast

[2024] FWC 40

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 Rail, Tram and Bus Industry Union
v

Kdr Gold Coast Pty Ltd T/A Kdr Gold Coast

(B2024/5)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 8 JANUARY 2024

Application to extend the 30 day period in relation to B2023/1293

This matter concerns the declaration of the result of a protected action ballot held in matter B2023/1293 and declared on 13 December 2023.

The Australian Rail, Tram and Bus Industry Union (RTBU) 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 RTBU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Kdr Gold Coast Pty Ltd T/A Kdr Gold Coast 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 RTBU members employed by Kdr Gold Coast Pty Ltd T/A Kdr Gold Coast be extended by a further 30 days.

This order will operate on and from 8 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union (RTBU) applied to the Fair Work Commission (FWC) for an extension of the 30-day period during which industrial action could be authorised by a protected action ballot. This application was in relation to a matter concerning the result of a ballot held and declared on 13 December 2023. The respondent, Kdr Gold Coast Pty Ltd T/A Kdr Gold Coast, did not object to the application. The legal issue before the FWC was whether the RTBU's application met the requirements of section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met. The Deputy President, Wright, determined that the application was made within the stipulated timeframe and that the period had not previously been extended, thus fulfilling the statutory criteria.

Upon reviewing the application and the absence of any objections from Kdr Gold Coast, Deputy President Wright concluded that the RTBU's application satisfied the legislative requirements for an extension. The Deputy President found that the RTBU had demonstrated that the application was made by an applicant for the protected action ballot order and that the 30-day period had not been extended previously. Consequently, the Deputy President granted the application and ordered that the 30-day period for the commencement of protected industrial action for eligible RTBU members employed by Kdr Gold Coast be extended by a further 30 days, commencing from 8 January 2024. This decision was made on the basis that all necessary conditions for an extension were met, and no objections were raised by the respondent.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established