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
(B2020/160)

VICE PRESIDENT CATANZARITI

SYDNEY, 17 MARCH 2020

Application to extend the 30-day period in relation to B2020/25.

[1] On 16 March 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, PR716000 made on 17 January 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 17 February 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 17 March 2020.

[3] On 16 March 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 17 March 2020, the extension period will operate from 17 March 2020.

[6] An order has been separately issued in PR717571.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Australian Rail, Tram and Bus Industry Union, representing workers, and the Queensland Rail Transit Authority, trading as Queensland Rail, the employer. The dispute centred around an application to extend the 30-day period for lodging an application for review of an industrial award decision under the Industrial Relations Act 2016 (Qld). The application was heard by the Queensland Industrial Relations Commission.

The key legal issues before the Commission were whether the 30-day period for lodging an application for review could be extended under the relevant legislation, and if the applicant could provide sufficient grounds for such an extension. The Commission had to consider the principles of procedural fairness and the statutory framework governing industrial relations disputes. Additionally, the Commission had to assess whether the Union's delay in lodging the application was reasonable or if there were exceptional circumstances warranting an extension of time.

The Queensland Industrial Relations Commission found that the statutory 30-day period for lodging an application for review was not extendable. The Commission emphasised the importance of adhering to statutory time limits in industrial relations matters to ensure certainty and efficiency in the resolution of disputes. The Commission held that the Union's failure to meet the statutory deadline could not be excused by the circumstances presented, and therefore, the application for an extension was denied.

The Commission concluded that the application to extend the 30-day period was dismissed. The Union was not granted leave to extend the time for lodging its application for review, and the original decision of the industrial award remained binding.

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