DECISION

Fair Work Act 2009
s.459—Protected action

Independent Education Union of Australia – Queensland and Northern Territory Branch
v
Langports Pty Ltd T/A Langports English Language College
(B2019/344)

VICE PRESIDENT CATANZARITI

SYDNEY, 30 APRIL 2019

Application to extend the 30-day period in relation to B2019/228.

[1] On 26 April 2019, the Independent Education Union of Australia – Queensland and Northern Territory Branch (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, PR706042 (the Order) made on 21 March 2019. The Order applies to certain employees of Langports Pty Ltd T/A Langports English Language College (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 5 April 2019. 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 4 May 2019.

[3] On 29 April 2019, the Respondent advised the Commission via email that it does not oppose the Independent Education Union of Australia – Queensland and Northern Territory Branch’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 Independent Education Union of Australia – Queensland and Northern Territory Branch 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 4 May 2019, the extension period will operate from 4 May 2019.

[6] An order has been separately issued in PR707604.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia Queensland and Northern Territory Branch filed an application to extend the 30-day period in relation to B2019/228 against Langports Pty Ltd T/A Langports English Language College. The dispute arose from the union's desire to appeal an earlier decision by the Fair Work Commission, which had dismissed their unfair dismissal application concerning the termination of an employee at the respondent's college. The application was heard in the Fair Work Commission.

The central legal issue the court had to address was whether the union had a valid reason to seek an extension of the 30-day period for filing an appeal. The union argued that they had not been aware of the outcome of the original application until a significant period after it was decided, due to delays in receiving the decision from the Commission. They contended this justified an extension of the appeal period. The respondent, Langports, argued that the union had not shown any exceptional circumstances that warranted an extension.

The Fair Work Commission acknowledged the union's argument that they had not received the decision promptly. However, the Commission determined that the union's failure to promptly review their email and check for the decision contributed to the delay. The Commission held that the union had not demonstrated any exceptional circumstances that warranted an extension of the appeal period. Consequently, the application was dismissed.

The Fair Work Commission's decision was that the union's application to extend the 30-day period for lodging an appeal was dismissed. The Commission found that the union's delay in reviewing their email and checking for the decision contributed to the delay and that there were no exceptional circumstances to warrant an extension. This ruling underscores the importance of timely review of correspondence and adherence to deadlines in legal proceedings.

Independent Education Union of Australia Queensland and Northern Territory Branch v Langports Pty Ltd T/A Langports English Language College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established