Australian Rail, Tram and Bus Industry Union v Queensland Rail Transit Authority T/A Queensland Rail
[2023] FWC 1597
•30 JUNE 2023
| [2023] FWC 1597 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot
Australian Rail, Tram and Bus Industry Union
v
Queensland Rail Transit Authority T/A Queensland Rail
(B2023/654)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 30 JUNE 2023 |
Application to extend the 30 day period in relation to B2023/422.
This matter concerns the declaration of the result of a protected action ballot (PR761896) held in matter B2023/422 and declared on 29 May 2023.
The Australian Rail, Tram and Bus Industry Union (RTBU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.
Section 459(3) of the Act provides as follows:
“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:
(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and
(b) the period has not previously been extended.”
The application made by the RTBU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.
Queensland Rail Transit Authority T/A Queensland Rail has advised the Commission it has no objection to this application.
I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.
Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible RTBU members employed by Queensland Rail Transit Authority T/A Queensland Rail be extended by a further 30 days.
This order will operate on and from 30 June 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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