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

[2023] FWC 1590

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

(B2023/651)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 30 JUNE 2023

Application to extend the 30 day period in relation to B2023/420.

This matter concerns the declaration of the result of a protected action ballot (PR761888) held in matter B2023/420 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) has applied to the Fair Work Commission (FWC) for an extension of the 30-day period in which industrial action is authorised by a protected action ballot, held in relation to matter B2023/420. The Queensland Rail Transit Authority T/A Queensland Rail has not objected to the application. The matter was heard by Deputy President Hampton in Adelaide on 30 June 2023.

The primary legal issue before the FWC was whether the application for an extension met the requirements of section 459(3) of the Fair Work Act 2009. Section 459(3) permits the FWC to extend the 30-day period if the applicant for the protected action ballot order applies for the extension and if the period has not previously been extended. The RTBU argued that both conditions were satisfied. The FWC was required to determine whether the application met the statutory criteria and if the extension should be granted.

After considering the submissions from both parties, Deputy President Hampton found that the RTBU had satisfied the requirements of section 459(3). The FWC determined that the period had not been previously extended, and the application was made within the statutory timeframe. As a result, the FWC granted the application and extended 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 by a further 30 days.

This decision will come into effect on 30 June 2023. The extension allows the RTBU additional time to potentially negotiate with Queensland Rail Transit Authority T/A Queensland Rail and resolve the underlying issues that led to the protected action ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established