The Australian Maritime Officers' Union v Transdev Sydney Ferries Pty Ltd

[2022] FWC 2968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

The Australian Maritime Officers’ Union
v

Transdev Sydney Ferries Pty Ltd

(B2022/1687)

VICE PRESIDENT CATANZARITI

SYDNEY, 9 NOVEMBER 2022

Application to extend the 30 day period in relation to B2022/1278

On 8 November 2022, the Australian Maritime Officers’ Union (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, PR745395 made on 1 September 2022. The Order applies to certain employees of Transdev Sydney Ferries Pty Ltd (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 12 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 10 November 2022.

On 9 November 2022, the Respondent advised the Commission via email that it does not oppose the Australian Maritime Officers’ Union’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.

In addressing s.459(3) of the Act, this application is made by the Australian Maritime Officers’ Union 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.

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 10 November 2022, the extension period will operate from 10 November 2022.

An order has been separately issued in PR747747.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Maritime Officers' Union applied to the Fair Work Commission to extend the 30-day period for protected industrial action, authorised by a ballot order made on 1 September 2022. The ballot order, PR745395, applies to certain employees of Transdev Sydney Ferries Pty Ltd. The 30-day period for protected action began on 12 October 2022, the date the ballot result was declared, and was set to expire on 10 November 2022. Transdev Sydney Ferries Pty Ltd did not oppose the application.

The key legal issue before the Vice President was whether the requirements of section 459 of the Fair Work Act 2009 were met to justify an extension of the 30-day period for protected action. The Australian Maritime Officers' Union argued that the extension was appropriate given the circumstances. The Vice President examined the application and documentation to determine if the conditions for an extension were met. The Vice President found that all relevant requirements of the Act had been satisfied and granted the extension.

The Vice President concluded that the 30-day period for protected action would be extended from 10 November 2022. This decision was based on the materials presented and the fact that the 30-day period had not been previously extended. An order was issued separately in PR747747 to formalise the extension.

The final orders were that the 30-day period for protected action authorised by the ballot order PR745395 would be extended from 10 November 2022. This provided the Australian Maritime Officers' Union with additional time to take protected industrial action, as authorised by the ballot result.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established