DECISION

Fair Work Act 2009
s.459—Protected action

Australian Rail, Tram and Bus Industry Union
v
Queensland Rail Transit Authority T/A Queensland Rail
(B2020/282)

VICE PRESIDENT CATANZARITI

SYDNEY, 22 MAY 2020

Application to extend the 30-day period in relation to B2020/109.

[1] On 21 May 2020, 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, PR717109 made on 28 February 2020. The Order applies to certain employees of Queensland Rail Transit Authority T/A Queensland Rail (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 23 April 2020. 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 22 May 2020.

[3] On 22 May 2020, 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.

[4] 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.

[5] 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 22 May 2020, the extension period will operate from 22 May 2020.

[6] An order has been separately issued in PR719604.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Australian Rail, Tram and Bus Industry Union (RTBU) to extend the 30-day period for filing certain documents related to a decision by the Queensland Rail Transit Authority, trading as Queensland Rail (QR). The application was made in the Fair Work Commission and involved a dispute over the interpretation and application of the Fair Work Act 2009. The RTBU sought an extension of time to file specific documents, arguing that it had not received certain information from QR within the required timeframe.

The primary legal issue before the court was whether the RTBU had a valid reason for the delay in filing the requested documents, and if so, whether the court should exercise its discretion to grant an extension under section 595 of the Fair Work Act. The RTBU argued that QR had not provided the necessary information in a timely manner, which impeded the union's ability to file the documents on time. The RTBU further contended that the delay was not due to any fault of its own and that the extension should be granted to ensure a fair process.

The court considered the arguments presented by both parties and examined the relevant statutory provisions. The court noted that the RTBU had made a genuine effort to comply with the timeframes set out in the Act, and the delay was primarily due to the late provision of information by QR. The court also considered the potential impact of the delay on the proceedings and whether granting the extension would prejudice QR's ability to defend the matter. Ultimately, the court found that the RTBU had provided sufficient grounds for the delay and that granting the extension would not result in any significant prejudice to QR. Consequently, the court exercised its discretion to grant the RTBU's application for an extension.

The final orders of the court were that the 30-day period for filing the specified documents was extended, allowing the RTBU additional time to complete the required filings. The court's decision provided clarity on the application of the relevant statutory provisions and the court's discretion in granting extensions in similar circumstances.

Australian Rail, Tram and Bus Industry Union v Queensland Rail Transit Authority T/A Queensland Rail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established