Construction, Forestry, Maritime, Mining and Energy Union v Transdev Sydney Ferries Pty Ltd

[2022] FWC 2944

[2022] FWC 2944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Transdev Sydney Ferries Pty Ltd

(B2022/1656)

DEPUTY PRESIDENT DEAN CANBERRA, 7 NOVEMBER 2022

Application to extend the 30 day period in relation to B2022/1267.

1. On 2 November 2022, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) made an application to the Commission pursuant to s. 459(3) of the Fair Work Act 2009 to extend the 30 day period for protected action authorised by a protected action ballot order, PR745173 (the Order) made on 25 August 2022. The Order applies to certain employees of Transdev Sydney Ferries Pty Ltd (the Respondent).

1. The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 5 October 2022. 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 3 November 2022.

1. The Respondent opposes the application on the basis that:

“The parties have been negotiating to date in good faith and are currently in drafting stage of the EA. We have progressed well in our negotiations and all our EA meetings have been positive.”

1. Following a conference conducted by telephone on 7 November 2022, the Respondent withdrew its objection.

Consideration

1. Section 459(3) of the Act allows the Commission to extend the 30 day period referred to in s.459(1)(d)(i) of the Act by up to 30 days if (a) the applicant for the protected action ballot order applies to the Commission for the period to be extended; and (b) the period has not previously been extended.

1. It is not in dispute that the two requisite conditions to invoke the Commission’s power to grant the extension are satisfied in the present application.

1. I am satisfied based on the submissions of the parties that bargaining is proceeding, and an extension is consistent with the objects of the Act. Further, there is nothing to suggest that the parties are not bargaining in good faith.

1. In these circumstances I am satisfied it is appropriate to grant the CFMMEU’s application to extend the 30 day period by a further 30 days.

1. An order has been separately issued in PR747663.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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