Australian Rail, Tram and Bus Industry Union v v/Line Corporation T/A v/Line Summary

[2023] FWC 3446

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

V/Line Corporation T/A V/Line

(B2023/1387)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 DECEMBER 2023

Application to extend the 30 day period in relation to B2023/1243

This matter concerns the declaration of the result of a protected action ballot (PR768234) held in matter B2023/1243 and declared 29 November 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.

V/Line Corporation T/A V/Line (V/Line) 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 V/Line be extended by a further 30 days.

This order will operate on and from 21 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on an application by the Australian Rail, Tram and Bus Industry Union (RTBU) to extend the 30-day period for protected industrial action as authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009, which allows for the extension of this period by up to an additional 30 days. The ballot in question, PR768234, was held in relation to matter B2023/1243 and was declared on 29 November 2023. The employer, V/Line Corporation T/A V/Line (V/Line), did not object to the application.

The legal issue before the Commission was whether the RTBU's application met the criteria set out in section 459(3) of the Act. Specifically, the Commission had to consider whether the RTBU had applied to extend the period, and whether the period had already been extended previously. Given that the RTBU had made the application and the period had not been extended before, the Commission found that the requirements were satisfied.

The Deputy President of the Commission, Hampton, granted the application and extended the 30-day period by a further 30 days. The decision was made on 21 December 2023, and the extension took effect from that date. This extension allowed eligible RTBU members employed by V/Line to continue with their authorised industrial action for an additional month.

Australian Rail, Tram and Bus Industry Union v v/Line Corporation T/A v/Line

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established