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
(B2020/149)

VICE PRESIDENT CATANZARITI

SYDNEY, 13 MARCH 2020

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

[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, PR715984 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 PR717483.

VICE PRESIDENT

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CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant sought an extension of the 30-day period pursuant to the Fair Work Act 2009, in relation to a decision made by the Queensland Rail Transit Authority T/A Queensland Rail. The application was brought before the Fair Work Commission, specifically the Full Bench, in an attempt to challenge the timeliness of the application and the procedural fairness of the decision-making process.

The central legal issue before the court was whether the 30-day statutory period for lodging an application with the Fair Work Commission should be extended beyond its standard limit, and if so, under what circumstances such an extension would be justified. The court had to consider whether there were any exceptional circumstances that warranted a deviation from the statutory timeframe, and if the applicant had acted with reasonable promptness in bringing the application.

In its decision, the court acknowledged that the statutory 30-day period is generally rigid but recognised that there may be circumstances where extending this period is warranted. The court found that the applicant had not demonstrated any exceptional circumstances that justified an extension of the period. Furthermore, the court held that the applicant had not acted with the requisite promptness and diligence in lodging the application. Consequently, the application for an extension was dismissed, and the decision of the Queensland Rail Transit Authority was upheld. The court's decision emphasised the importance of adhering to statutory timelines and the need for applicants to act promptly and diligently in bringing applications before the Commission.

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