Australian Rail, Tram and Bus Industry Union v Voestalpine Railway Systems Australia Pty Ltd

[2021] FWC 1058

[2021] FWC 1058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Australian Rail, Tram and Bus Industry Union
v
Voestalpine Railway Systems Australia Pty Ltd
(B2021/100)

VICE PRESIDENT CATANZARITI SYDNEY, 26 FEBRUARY 2021

Application to extend the 30-day period in relation to B2020/836.

[1] On 22 February 2021, 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, PR725606 made on 17 December 2020. The Order applies to certain employees of Voestalpine Railway Systems Australia 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 3 February 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 4 March 2021.

[3] On 25 February 2021, 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 4 March 2021, the extension period will operate from 4 March 2021.

[6] An order has been separately issued in PR727324.

VICE PRESIDENT

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