Australian Rail, Tram and Bus Industry Union v Transit (NSW) Services Pty Ltd, Transit Systems West Services Pty Ltd

[2021] FWC 6581

[2021] FWC 6581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Transport Workers’ Union of Australia; Australian Rail, Tram and Bus Industry Union
v
Transit (NSW) Services Pty Ltd, Transit Systems West Services Pty Ltd
(B2021/1211) (B2021/1213)

VICE PRESIDENT CATANZARITI SYDNEY, 10 DECEMBER 2021

Application to extend the 30 day period in relation to B2021/990

[1] On 7 December 2021, the Transport Workers’ Union (NSW Branch) and the Australian Rail, Tram and Bus Industry Union (NSW Branch) (the Applicants) 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, PR734984 made on 18 October 2021. The Order applies to certain employees of Transit (NSW) Services Pty Ltd and Transit Systems West Services Pty Ltd (the Respondent).

[2] The ballot result, by which a majority of the employees endorsed the proposed forms of protected industrial action, was declared on 8 November 2021. 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 7 December 2021.

[3] On 9 December 2021, the Respondent advised the Commission via email that it does not oppose the Applicants’ 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 Transport Workers’ Union (NSW Branch) and the Australian Rail, Tram and Bus Industry Union (NSW) Branch who are the Applicants 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 7 December 2021, the extension period will operate from 11 December 2021.

[6] An order has been separately issued in PR736647.

VICE PRESIDENT

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