Australian Rail, Tram and Bus Industry Union v Keolis Downer Adelaide Pty Ltd

[2024] FWC 1076

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

Keolis Downer Adelaide Pty Ltd

(B2024/474)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 29 APRIL 2024

Application to extend the 30 day period in relation to B2024/183.

This matter concerns the declaration of the result of a protected action ballot (PR772088) held in matter B2023/183 and declared on 26 March 2024.

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

Ms Annette Wilson, Industrial Relations Advisor for Keolis Downer Adelaide Pty Ltd (Employer) has advised the Commission that the Employer 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 given the express statutory terms.

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 ARTBIU members employed by Keolis Downer Adelaide Pty be extended by a further 30 days.

This order will operate on and from 29 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union (ARTBIU) sought to extend the 30-day period within which industrial action could be taken by its members employed by Keolis Downer Adelaide Pty Ltd (the Employer). The application was made under section 459(3) of the Fair Work Act 2009 (Act) to extend the period beyond the initial 30 days authorised by a protected action ballot (PR772088) held in matter B2023/183 and declared on 26 March 2024. The matter was heard by Deputy President Hampton of the Fair Work Commission. The Employer indicated no objection to the application.

The legal issue before the Commission was whether the requirements under section 459(3) of the Act were satisfied, thereby justifying an extension of the 30-day period. The application was made within the prescribed timeframe and the period had not previously been extended. The statutory conditions, therefore, appeared to be met. The Employer's lack of objection further supported the application.

Upon considering the application, the Deputy President was satisfied that the statutory conditions had indeed been fulfilled. Given the clear terms of the Act, the application was granted. The 30-day period for the commencement of protected industrial action for eligible ARTBIU members employed by Keolis Downer Adelaide Pty Ltd was extended by an additional 30 days. The order came into effect on 29 April 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established