Australian Rail, Tram and Bus Industry Union v Sydney Trains, NSW Trains T/A NSW TrainLink

[2022] FWC 3099

[2022] FWC 3099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Australian Rail, Tram and Bus Industry Union

v

Sydney Trains, NSW Trains T/A NSW TrainLink

(B2022/1731)

VICE PRESIDENT CATANZARITI SYDNEY, 22 NOVEMBER 2022

Application to extend the 30 day period in relation to B2022/1412

1. On 16 November 2022, 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, PR746176 made on 26 September 2022. The Order applies to certain employees of Sydney Trains, NSW Trains T/A NSW TrainLink (the Respondents).

1. The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 12 October 2022. 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 expired at midnight on 10 November 2022.

1. On 17 November 2022, the Respondents advised the Commission via email that it neither opposes nor consents to 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.

1. 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.

1. 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 expired at midnight on 10 November 2022, the extension period will operate from 10 November 2022.

1. An order has been separately issued in PR748185.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR748186>