DECISION

Fair Work Act 2009
s.459—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Queensland Rail Transit Authority T/A Queensland Rail
(B2020/154)

VICE PRESIDENT CATANZARITI

SYDNEY, 13 MARCH 2020

Application to extend the 30-day period in relation to B2020/29.

[1] On 12 March 2020, the Australian Manufacturing Workers’ 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, PR715990 made on 17 January 2020. The Order applies to certain employees of Queensland Rail Transit Authority T/A Queensland Rail (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 17 February 2020. 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 17 March 2020.

[3] On 12 March 2020, the Respondent advised the Commission via email that it does not oppose the Australian Manufacturing Workers’ 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 Manufacturing Workers’ 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 17 March 2020, the extension period will operate from 17 March 2020.

[6] An order has been separately issued in PR717499.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involved the Australian Manufacturing Workers' Union, acting on behalf of its members, against the Queensland Rail Transit Authority, formerly known as Queensland Rail. The union sought an extension of the 30-day period stipulated in relation to a particular application, B2020/29. This application pertained to the union's request to access certain documents from the Transit Authority, which were integral to their ongoing industrial dispute.

The primary legal issue before the court was whether the union's application for an extension of the 30-day period was justified under the circumstances. The union argued that the extension was necessary to ensure fairness in the dispute resolution process, particularly given the complexity of the issues at hand and the need for thorough examination of the requested documents. The Transit Authority, on the other hand, contended that the extension would unduly delay the proceedings and that the union had already been granted ample time to review the documents in question.

The court deliberated on the application, weighing the union's need for additional time against the Transit Authority's concerns about the delay. Ultimately, the court determined that the union had demonstrated sufficient grounds for an extension, considering the complexity of the documents and the importance of their proper examination. The court found that the extension was necessary to avoid a potential miscarriage of justice due to incomplete or inadequate consideration of the evidence. Consequently, the court granted the union's application for an extension of the 30-day period.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Queensland Rail Transit Authority T/A Queensland Rail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established