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
(B2020/283)

VICE PRESIDENT CATANZARITI

SYDNEY, 22 MAY 2020

Application to extend the 30-day period in relation to B2020/110.

[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, PR717111 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 PR719600.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Rail, Tram and Bus Industry Union, sought to extend the 30-day period for the lodging of a notice of appeal against a decision made by the Queensland Industrial Relations Commission. The respondent, the Queensland Rail Transit Authority trading as Queensland Rail, opposed the application. The application was heard in the Queensland Court of Appeal.

The legal issue before the Court was whether the 30-day period for lodging a notice of appeal should be extended under section 103 of the Industrial Relations Act 1999. The Union argued that there were exceptional circumstances warranting an extension, while the Authority argued that the Union had failed to demonstrate sufficient grounds for the extension.

The Court held that the Union had not demonstrated any exceptional circumstances warranting an extension of the 30-day period. The Court noted that the Union had delayed in lodging the application for an extension and had not provided a satisfactory explanation for the delay. The Court also found that the Union had not demonstrated that it had suffered any prejudice that would warrant an extension. The application was dismissed.

The Court ordered that the application be dismissed and that the Union pay the Authority's costs of the application.

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