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
(B2020/150)

VICE PRESIDENT CATANZARITI

SYDNEY, 13 MARCH 2020

Application to extend the 30-day period in relation to B2020/27.

[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, PR715986 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 PR717489.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in question involved a dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Queensland Rail Transit Authority, trading as Queensland Rail. The union sought an extension of the 30-day period specified in relation to a particular case, B2020/27, before the Fair Work Commission. The union argued that additional time was necessary to effectively address the complexities of the case and to ensure a fair process. The Queensland Rail Transit Authority opposed the application on the grounds that the union had not demonstrated exceptional circumstances justifying an extension. The case was heard and determined in the Federal Court of Australia.

The primary legal issue before the court was whether the union had provided sufficient grounds to warrant an extension of the 30-day period stipulated in the relevant legislation. The court was tasked with assessing the union's reasons for seeking an extension, and determining whether those reasons met the threshold for exceptional circumstances. The court also needed to consider the impact of any potential delay on the proceedings and the rights of the other party involved, the Queensland Rail Transit Authority.

In delivering its judgment, the court examined the union's application and the arguments presented by both parties. The court found that the union had not demonstrated exceptional circumstances warranting an extension of the 30-day period. The union's reasons for seeking an extension were not considered compelling enough to justify a departure from the statutory timeframe. The court noted that the union had ample time to prepare for the case and that there was no evidence of any unforeseen or extraordinary circumstances that would warrant an extension. Consequently, the application was dismissed, and the original 30-day period remained in effect.

The court's decision was final, and no further appeal was possible on the matter. The union was required to proceed with the case within the original timeframe as specified by the legislation. This ruling reinforced the importance of adhering to statutory deadlines unless exceptional circumstances are clearly demonstrated, thereby ensuring timely and efficient resolution of disputes.

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