Transport Workers' Union of Australia NSW/QLD (Interim Governance) Branch v Zip Airport Services Pty Ltd Summary

[2023] FWC 1232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Transport Workers’ Union of Australia NSW/QLD (Interim Governance)
Branch

Zip Airport Services Pty Ltd

(B2023/448)

VICE PRESIDENT CATANZARITI

MELBOURNE, 25 MAY 2023

Application to extend the 30 day period in relation to B2023/277

On 15 May 2023, the Transport Workers’ Union of Australia NSW/QLD (Interim Governance) 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, PR760754 made on 31 March 2023. The Order applies to certain employees of Zip Airport Services 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 21 April 2023. 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 expired at midnight on 20 May 2023.

On 22 May 2023, the Respondent advised the Commission via email that it does not oppose the Transport Workers’ Union of Australia NSW/QLD (Interim Governance) 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.

In addressing s.459(3) of the Act, this application is made by the Transport Workers’ Union of Australia NSW/QLD (Interim Governance) 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.

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 expired at midnight on ‎20‎ ‎May‎ ‎2023, the extension period will operate from ‎20‎ ‎May‎ ‎2023.

An order has been separately issued in PR762509.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Transport Workers' Union of Australia NSW/QLD (Interim Governance) Branch (the Applicant) to the Fair Work Commission (the Commission) for an extension of the 30-day period for protected action. This application pertains to employees of Zip Airport Services Pty Ltd (the Respondent). The protected action is authorised by a ballot order, PR760754, which was made on 31 March 2023. The period in question expired on 20 May 2023. The Respondent has not opposed the application, and the Commission was tasked with determining the application based on the documentation filed. The legal issue before the Commission was whether the Applicant had met the requirements under section 459 of the Fair Work Act 2009 to extend the 30-day period for protected industrial action.

The Commission considered the application under section 459(3) of the Act, which allows for an extension of the period for protected action if certain conditions are met. The key elements to consider were whether the application was made by the Applicant, who had been granted the protected action ballot order, and whether the specified period had already been extended. Given that the 30-day period had not been extended previously and the Respondent had not opposed the application, the Commission found that the requirements of the Act had been satisfied. Consequently, the Commission decided that a 30-day extension was appropriate, and it issued an order extending the period from 20 May 2023. This decision was documented in PR762509.

In conclusion, the Fair Work Commission granted the application for an extension of the 30-day period for protected industrial action. The extension was effective from 20 May 2023, and the decision was made on the basis of the documentation provided by the Applicant and the lack of opposition from the Respondent. This decision ensures that the employees of Zip Airport Services Pty Ltd can continue with their protected action as authorised by the ballot order.

Transport Workers' Union of Australia NSW/QLD (Interim Governance) Branch v Zip Airport Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established