Australian Rail, Tram and Bus Industry Union v KDR Victoria Pty Ltd T/A Yarra Trams

[2023] FWC 2709

[2023] FWC 2709

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 Victoria Pty Ltd T/A Yarra Trams

(B2023/1105)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 17 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/945

1. This matter concerns the declaration of the result of a protected action ballot (PR765917) held in matter B2023/945 and declared on 22 September 2023.

1. 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.

1. 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.

1. KDR Victoria Pty Ltd T/A Yarra Trams (Yarra Trams) has not advised the Commission of any objection to this application.

1. I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

1. 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 Yarra Trams be extended by a further 30 days.

1. This order will operate on and from 17 October 2023.

DEPUTY PRESIDENT

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< PR767328>