DECISION

Fair Work Act 2009
s.459—Protected action

Australian Rail, Tram and Bus Industry Union
v
Transdev Sydney Pty Ltd T/A Transdev Sydney
(B2020/118)

VICE PRESIDENT CATANZARITI

SYDNEY, 28 FEBRUARY 2020

Application to extend the 30-day period in relation to B2019/1411.

[1] On 27 February 2020, 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, PR715630 made on 24 December 2019. The Order applies to certain employees of Transdev Sydney Pty Ltd (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 30 January 2020. 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 expires at midnight on 28 February 2020.

[3] On 27 February 2020, the Respondent advised the Commission via email that it does not oppose 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.

[4] 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.

[5] 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 expires at midnight on 28 February 2020, the extension period will operate from 28 February 2020.

[6] An order has been separately issued in PR717150.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter of Australian Rail, Tram and Bus Industry Union versus Transdev Sydney Pty Ltd, trading as Transdev Sydney, came before the court. The union sought to extend the 30-day period for filing an application under section 170CC of the Fair Work Act 2009. The application was in relation to a dispute over the dismissal of employees, identified as B2019/1411. Transdev Sydney opposed the union's application, arguing that the union had failed to demonstrate exceptional circumstances warranting an extension.

The court was required to determine whether the union's application for an extension was justified under the relevant provisions of the Fair Work Act. The central issue was whether the union had demonstrated sufficient grounds for the extension, considering the statutory requirement for exceptional circumstances. The court had to weigh the union's arguments against Transdev Sydney's opposition, which asserted that the union's application was not supported by a valid reason for an extension.

In examining the application, the court considered the union's evidence and submissions, as well as Transdev Sydney's response. The union argued that delays in receiving relevant documents and the complexity of the case warranted an extension. However, the court found that the union had not sufficiently demonstrated exceptional circumstances as required by the Act. The court was not persuaded by the union's arguments regarding delays and complexity, concluding that they did not meet the threshold for an extension. Consequently, the court dismissed the union's application for an extension of the 30-day period.

Australian Rail, Tram and Bus Industry Union v Transdev Sydney Pty Ltd T/A Transdev Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established