Australian Rail, Tram and Bus Industry Union v Pacific National (NSW) Pty Ltd

[2010] FWA 4024

[2010] FWA 4024

FAIR WORK AUSTRALIA

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
Pacific National (NSW) Pty Ltd
(B2010/3012)

COMMISSIONER CAMBRIDGE SYDNEY, 26 MAY 2010

Application to extend the period during which industrial action is authorised following the Order granted in Matter Number B2010/34.

[1] The following is the unedited text of the ex tempore Decision delivered during proceedings held on 25 May 2010.

[2] Having heard the submissions of the parties, I am prepared to grant the application and to provide for an Order, pursuant to section 459 (3) of the Act, extending the 30-day period by a further period of 30 days.

[3] In doing so, I should indicate that I accept the submissions made by Mr Byrnes on behalf of the respondent employer, that Fair Work Australia has a discretion in respect of an application made under section 459 subsection (3) of the Act, and I acknowledge that there may be circumstances where the extension of the 30-day period might be sought in the absence of conduct that would be categorised as good faith bargaining and, in such circumstances, Fair Work Australia may well refuse to extend the 30-day period.

[4] However, the submissions made here, which are uncontested in terms of the conduct of the RTBU in the period since the granting of the protected action ballot Orders, does not suggest to me that we have such circumstances and, therefore, I'm prepared to Order that the 30-day period - established by way of the ballot conducted by the Australian Electoral Commission, pursuant to the Orders made by Larkin C in matter B2010/34 - be extended for a further 30-day period. The RTBU is requested to provide for a draft Order reflecting the Decision that I have just made.

[5] On that basis, therefore, the proceedings now stand adjourned.

[6] An Order (997519) to this effect will issue simultaneously with this decision.

COMMISSIONER

Appearances:

Ms. K Presdee (RBTU) for the Applicant.

Mr. M. Byrnes (Clayton-Utz) for the Respondent.

Hearing details:

Tuesday 25 May 2010

Printed by authority of the Commonwealth Government Printer

<Price code A, PR997515>