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

[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

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union (RTBU) applied to the Fair Work Commission (FWC) to extend the 30-day period during which industrial action could be authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009, seeking to extend the period by an additional 30 days, bringing the total period to 60 days. The Queensland Rail Transit Authority T/A Queensland Rail did not object to the application. The RTBU argued that all statutory requirements for the extension had been met and that the extension was justified given the circumstances.

The legal issue before the Deputy President was whether the RTBU had satisfied the conditions under section 459(3) of the Act for extending the 30-day period for protected industrial action. Specifically, the Court had to determine if the application was made by the applicant for the protected action ballot order and if the period had not been previously extended. The RTBU submitted that it met both conditions and that an extension was necessary to allow for further negotiations and to avoid potential disruptions to services.

The Deputy President found that the RTBU had indeed met the statutory requirements. The application was made by the RTBU, the applicant for the protected action ballot order, and the 30-day period had not been extended previously. Given these findings, the Deputy President granted the application, extending the 30-day period for the commencement of protected industrial action by a further 30 days. The extension was to take effect from 30 June 2023.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established