DECISION

Fair Work Act 2009
s.459—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Queensland Rail Transit Authority T/A Queensland Rail
(B2020/151)

VICE PRESIDENT CATANZARITI

SYDNEY, 13 MARCH 2020

Application to extend the 30-day period in relation to B2020/31.

[1] On 12 March 2020, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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, PR715983 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia’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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 PR717505.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail Transit Authority T/A Queensland Rail, the Fair Work Commission was asked to consider an application to extend the 30-day period in relation to a specific matter. The union, acting on behalf of its members, sought an extension of time for lodging an application with the Commission. The respondent, Queensland Rail Transit Authority, opposed the application. The dispute centered on whether the application for an extension of time was within the bounds of the Commission's discretion and whether there were sufficient grounds to warrant such an extension.

The legal issues that the Commission needed to resolve were whether there was a justifiable reason for the delay in lodging the application and whether the delay had caused any prejudice to the respondent. The union argued that the delay was due to unforeseen circumstances that were beyond their control, and that no prejudice had been caused to Queensland Rail Transit Authority. The respondent, on the other hand, contended that the union's delay was inexcusable and that it had caused significant prejudice to their ability to respond effectively to the application.

In delivering its decision, the Commission noted that while the union's delay in lodging the application was regrettable, it found that there were mitigating factors that warranted an extension of time. The Commission considered the union's explanation for the delay and the lack of prejudice to the respondent. It found that the union had acted reasonably in the circumstances and that an extension of time was appropriate. Consequently, the Commission granted the union's application to extend the 30-day period.

The Fair Work Commission ordered that the 30-day period for lodging the application be extended by a specified number of days. This decision underscores the importance of considering the specific circumstances of each case when determining whether to grant an extension of time. It also highlights the Commission's willingness to exercise its discretion in favour of the party seeking the extension, provided that there are valid reasons for the delay and no prejudice to the opposing party.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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