| [2022] FWC 679 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
Australian Rail, Tram and Bus Industry Union
v
Pacific National (Queensland Coal) Pty Ltd
(B2022/224)
| VICE PRESIDENT CATANZARITI | SYDNEY, 28 MARCH 2022 |
Application to extend the 30 day period in relation to B2022/13
On 23 March 2022, the Australian Rail, Tram and Bus Industry Union (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, PR737622 made on 20 January 2022. The Order applies to certain employees of Pacific National (Queensland Coal) Pty Ltd (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 2 March 2022. 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 expires at midnight on 31 March 2022.
On 24 March 2022, the Respondent advised the Commission via email that it does not oppose the Australian Rail, Tram and Bus Industry Union’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.
In addressing s.459(3) of the Act, this application is made by the Australian Rail, Tram and Bus Industry Union 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.
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 expires at midnight on 31 March 2022, the extension period will operate from 31 March 2022.
An order has been separately issued in PR739736.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR739737>
- AGLC
- Australian Rail, Tram and Bus Industry Union v Pacific National (Queensland Coal) Pty Ltd [2022] FWC 679
- Case
- [2022] FWC 679
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the application met the requirements of section 459(3) of the Act and if an extension of the 30-day period for protected action was appropriate. The Commission had to consider the relevant provisions of the Act, the circumstances of the case, and the documentation submitted by the Applicant. The application was made by the Applicant, the Australian Rail, Tram and Bus Industry Union, and the period specified in section 459(1)(d)(i) had not been previously extended.
The Commission found that the application satisfied the requirements of section 459 of the Act, and an extension of the 30-day period for protected action was appropriate. The 30-day period, which was due to expire on 31 March 2022, was extended, and the new period would operate from 31 March 2022. The Commission's decision was based on the material before it and the absence of opposition from the Respondent.
An order was separately issued in PR739736, and the Vice President issued the determination in this matter. The Australian Rail, Tram and Bus Industry Union's application to extend the 30-day period for protected action was granted, and the new period for protected action will operate from 31 March 2022.
Orders
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Background
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Evidence
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