Australian Rail, Tram and Bus Industry Union v Pacific National Services Pty Ltd T/A Pacific National

[2022] FWC 1572

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Australian Rail, Tram and Bus Industry Union
v

Pacific National Services Pty Ltd T/A Pacific National

(B2022/584)

VICE PRESIDENT CATANZARITI

SYDNEY, 21 JUNE 2022

Application to extend the 30 day period in relation to B2022/409

On 16 June 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, PR741414 made on 10 May 2022. The Order applies to certain employees of Pacific National Services Pty Ltd T/A Pacific National (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 1 June 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 30 June 2022.

On 20 June 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 30 June 2022, the extension period will operate from 30 June 2022.

An order has been separately issued in PR742866.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union applied to the Fair Work Commission to extend the 30-day period for protected action authorized by a protected action ballot order. The respondents, Pacific National Services Pty Ltd T/A Pacific National, did not oppose the application, and the application was made in accordance with the Fair Work Act 2009. The court was required to determine whether the application met the requirements of section 459 of the Act and if a 30-day extension was appropriate.

The Fair Work Commission found that the application met the requirements of section 459 of the Act and that a 30-day extension was appropriate. The court noted that the period specified in section 459(1)(d)(i) had not been previously extended and that the extension period would operate from 30 June 2022. The court also noted that the respondents did not oppose the application.

The Fair Work Commission granted the application and issued an order extending the 30-day period for protected action authorized by the protected action ballot order. The extension period will operate from 30 June 2022. A separate order was also issued in PR742866.

This decision highlights the importance of meeting the requirements of section 459 of the Fair Work Act 2009 when applying for an extension of the 30-day period for protected action. The court noted that the application met the requirements of the Act and that a 30-day extension was appropriate in this case. The decision also highlights the importance of the respondents not opposing the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established