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
(B2020/153)

VICE PRESIDENT CATANZARITI

SYDNEY, 13 MARCH 2020

Application to extend the 30-day period in relation to B2020/28.

[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, PR715992 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 PR717454.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Australian Manufacturing Workers' Union (AMWU) versus the Queensland Rail Transit Authority T/A Queensland Rail, the AMWU applied to the Queensland Industrial Relations Commission for an extension of the 30-day period in relation to B2020/28. The AMWU sought the extension in the context of a broader dispute concerning industrial action and associated proceedings.

The legal issues before the court involved interpreting the relevant provisions of the Industrial Relations Act 2016 and assessing whether the AMWU's application for an extension was justified under the circumstances. Specifically, the court needed to determine whether the AMWU had demonstrated sufficient grounds for the delay in making the application and whether the extension was in the interests of justice.

The court found that the AMWU had provided adequate justification for the delay in making the application. It noted that the AMWU had acted promptly once it became aware of the need to extend the period. The court concluded that the application was made in good faith and that the extension was warranted to ensure a fair resolution of the underlying dispute. As a result, the court granted the AMWU's application for an extension. The court's decision was made in the interests of justice, recognising the complexities of the industrial action and the need for a fair and timely resolution.

“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