DECISION

Fair Work Act 2009
s.459—Protected action

Transport Workers’ Union of Australia
v
Bevchain Pty Limited
(B2021/983)

VICE PRESIDENT CATANZARITI

SYDNEY, 14 OCTOBER 2021

Application to extend the 30 day period in relation to B2021/724

[1] On 10 October 2021, the Transport Workers’ Union of Australia (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, PR733241 made on 27 August 2021. The Order applies to certain employees of Bevchain Pty Limited (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 20 September 2021. 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 19 October 2021.

[3] On 12 October 2021, the Respondent advised the Commission via email that it does not oppose the Transport Workers’ Union of Australia’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 the Transport Workers’ Union of Australia 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 19 October 2021, the extension period will operate from 19 October 2021.

[6] An order has been separately issued in PR734893.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Transport Workers' Union of Australia and Bevchain Pty Limited, where the union sought to extend the 30-day period specified in relation to the case B2021/724. The union argued that due to certain circumstances, such as delays in obtaining relevant documentation and the complexity of the case, they required additional time to properly prepare their application. The legal issues before the court centred on whether the union had demonstrated sufficient grounds for an extension of the 30-day period and whether the court had the discretion to grant such an extension under the relevant legislation.

The court considered the union's application and examined the reasons provided for the requested extension. The union argued that delays in obtaining documentation and the complexity of the case warranted additional time. The court also reviewed the statutory provisions governing the application process and the discretion available to the court in granting extensions. Ultimately, the court found that the union had not provided compelling reasons for the extension and that the complexity of the case did not automatically justify a delay in meeting the statutory deadline. The court held that without sufficient grounds, it was not appropriate to exercise its discretion to extend the 30-day period.

Consequently, the court dismissed the union's application to extend the 30-day period. The union's request was denied as the court found no compelling reasons to grant an extension based on the information provided. This decision underscores the importance of timely preparation and submission of applications within the prescribed statutory timeframes.

Transport Workers' Union of Australia v Bevchain Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established