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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Australian Rail, Tram and Bus Industry Union as the applicant and Voestalpine Railway Systems Australia Pty Ltd as the respondent. The dispute arose from an application to extend the 30-day period in relation to a specific matter, B2020/836, which was initially lodged with the Fair Work Commission. The application was heard by the Fair Work Commission, which is a tribunal with specialised jurisdiction in employment and industrial relations matters in Australia.

The primary legal issue before the Commission was whether the 30-day period for the applicant to take certain action should be extended. This decision hinged on whether there were extenuating circumstances that justified the extension, and if so, to what extent. The applicant argued that there were significant reasons that prevented it from taking the required action within the stipulated timeframe, and thus sought an extension. The respondent, however, contested the application, suggesting that the reasons provided were not compelling enough to warrant an extension.

In delivering its decision, the Commission carefully considered the submissions and evidence presented by both parties. The Commission noted that while the applicant had outlined some difficulties that had impeded its ability to act within the 30-day period, these circumstances did not rise to the level of justifying an extension. The Commission concluded that the reasons provided were not exceptional and did not sufficiently demonstrate that the applicant was unable to meet the deadline despite reasonable efforts. Consequently, the application for an extension was dismissed.

The Fair Work Commission's final order was that the application to extend the 30-day period in relation to B2020/836 was dismissed. The Commission found that the applicant had not provided sufficient justification for an extension, and thus, the original timeframe remained in effect.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established