Australian Workers' Union, The v APT Management Services Pty Ltd T/A APA Group, APA VTS Australia (Operations) Pty Ltd T/A APA Group

[2023] FWC 3395

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 Workers' Union, The
v

APT Management Services Pty Ltd T/A APA Group, APA VTS Australia (Operations) Pty Ltd T/A APA Group

(B2023/1379)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 18 DECEMBER 2023

Application to extend the 30 day period in relation to B2023/1212

This matter concerns the declaration of the result of a protected action ballot (PR768028) held in matter B2023/1212 and declared on 20 November 2023.

The Australian Workers’ Union (AWU) 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 AWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

APT Management Services Pty Ltd T/A APA Group, APA VTS Australia (Operations) Pty Ltd T/A APA Group (APA Group) has not advised the Commission of any 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 AWU members employed by APA Group be extended by a further 30 days.

This order will operate on and from 18 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) applied to the Fair Work Commission (FWC) for an extension of the 30-day period in which industrial action was authorised by a protected action ballot. The matter was heard by Deputy President Hampton. The AWU sought the extension under section 459(3) of the Fair Work Act 2009. The application concerned the declaration of the result of a protected action ballot held in matter B2023/1212, which was declared on 20 November 2023.

The legal issue before the FWC was whether the AWU's application met the requirements of section 459(3) of the Act, which allows for an extension of the 30-day period if the applicant applies for the extension and if the period has not already been extended. The AWU argued that it had fulfilled these conditions and that the period should be extended by an additional 30 days. APT Management Services Pty Ltd T/A APA Group, APA VTS Australia (Operations) Pty Ltd T/A APA Group (APA Group) did not object to the application.

The FWC considered that the AWU had satisfied the requirements of section 459(3) of the Act. Deputy President Hampton concluded that the application should be granted. The 30-day period for the commencement of protected industrial action for eligible AWU members employed by APA Group was extended by a further 30 days.

This order took effect from 18 December 2023. The decision ensures that eligible AWU members have additional time to consider and potentially undertake industrial action, as authorised by the protected action ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established