Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd

[2023] FWC 1054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Transport Workers' Union of Australia

Cleanaway Operations Pty Ltd

(B2023/400)

VICE PRESIDENT CATANZARITI

SYDNEY, 4 MAY 2023

Application to extend the 30 day period in relation to B2023/279

On 3 May 2023, 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, PR760671 made on 29 March 2023. The Order applies to certain employees of Cleanaway Operations 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 7 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 expires at midnight on 6 May 2023.

On 3 May 2023, 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.

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.

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 ‎6‎ ‎May‎ ‎2023, the extension period will operate from ‎6‎ May‎ ‎2023.

An order has been separately issued in PR761622.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia made an application to the Fair Work Commission for an extension of the 30-day period for protected action under the Fair Work Act 2009. The application was in relation to a protected action ballot order made on 29 March 2023, which applied to certain employees of Cleanaway Operations Pty Ltd. The ballot result was declared on 7 April 2023, and the 30-day period for protected action was set to expire on 6 May 2023. The Respondent did not oppose the application.

The legal issues before the court were whether the application met the requirements of s. 459(3) of the Fair Work Act 2009, and whether the period specified in s. 459(1)(d)(i) had been previously extended. The court found that the application met the relevant requirements of the Act, and that the period had not been previously extended. Therefore, the court granted a 30-day extension for the protected action, which will operate from 6 May 2023.

In reaching its decision, the court considered the relevant provisions of the Fair Work Act 2009 and the material before it. The court found that the application was made by the Transport Workers' Union of Australia, who was the Applicant for the protected action ballot order. The court also found that the 30-day period had not been previously extended, and that the extension period will operate from 6 May 2023. An order has been separately issued in PR761622.

The court's decision was based on the material before it, and on the relevant provisions of the Fair Work Act 2009. The court found that the application met the requirements of s. 459(3) of the Act, and that a 30-day extension was appropriate. The extension period will operate from 6 May 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established