Transport Workers' Union of Australia v Australian Capital Territory

[2023] FWC 1788

[2023] FWC 1788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Transport Workers' Union of Australia

v

Australian Capital Territory

(B2023/728)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 21 JULY 2023

Application to extend the 30 day period in relation to B2023/491

1. This matter concerns the declaration of the result of a protected action ballot (PR762776) held in matter B2023/491 and declared on 20 June 2023.

1. The Transport Workers' Union of Australia (TWU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

1. Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b)     the period has not previously been extended.”

1. The application made by the TWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

1. The Australian Capital Territory has advised the Commission that it does not object to this application.

1. I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

1. Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible TWU members employed by the Australian Capital Territory be extended by a further 30 days.

1. This order will operate on and from 21 July 2023.

DEPUTY PRESIDENT

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