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

[2023] FWC 1592

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

(B2023/652)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 30 JUNE 2023

Application to extend the 30 day period in relation to B2023/421.

This matter concerns the declaration of the result of a protected action ballot (PR761892) held in matter B2023/421 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 Fair Work Commission (FWC) dealt with an application made by the Australian Rail, Tram and Bus Industry Union (RTBU) to extend the 30-day period in which industrial action was authorised by a protected action ballot held for its members employed by Queensland Rail Transit Authority T/A Queensland Rail. The application was brought pursuant to section 459(3) of the Fair Work Act 2009, which provides the FWC with the discretion to extend this period by up to 30 days under certain conditions. The key issue for the Commission to determine was whether the RTBU's application satisfied the statutory requirements for an extension and whether there were any objections from Queensland Rail to the extension.

The RTBU argued that the application met all the necessary criteria, including that it was made within the original 30-day period and that the period had not been extended previously. Queensland Rail did not oppose the application, and the Commission was satisfied that the statutory conditions for an extension were fulfilled. As a result, the Deputy President granted the application, extending the 30-day period by an additional 30 days. The extension order took effect from 30 June 2023, providing the RTBU with an extended window to commence protected industrial action, if deemed necessary, for its members employed by Queensland Rail.

This decision highlights the Commission's role in balancing the rights of unions to organise industrial action with the need to provide employers with a reasonable period to respond. The ability to extend the 30-day period under section 459(3) of the Fair Work Act 2009 is a discretionary power that the FWC exercises when the statutory criteria are met and no objections are raised by the employer. The outcome in this matter reflects the Commission's approach to facilitating orderly industrial relations processes while allowing for the legitimate interests of both employers and unions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established