Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd Summary

[2023] FWC 756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Transport Workers' Union of Australia
v

Cleanaway Operations Pty Ltd

(B2023/286)

VICE PRESIDENT CATANZARITI

SYDNEY, 29 MARCH 2023

Application to extend the 30 day period in relation to B2023/56

On 28 March 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, PR750082 made on 31 January 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 15 February 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 16 March 2023.

On 29 March 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 expired at midnight on 16‎ ‎March‎ ‎2023, the extension period will operate from 16‎ ‎March‎ ‎2023.

An order has been separately issued in PR760696.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked by the Transport Workers' Union of Australia to extend a 30-day period for protected action that was authorised by a protected action ballot order. The order applied to certain employees of Cleanaway Operations Pty Ltd. The Union sought the extension under section 459(3) of the Fair Work Act 2009. The Commission needed to decide if the Union had met the requirements to extend the period and if so, whether the extension was appropriate.

The Commission considered whether the Union had met the requirements of section 459(3) of the Act. It was noted that the period specified in section 459(1)(d)(i) had not been previously extended. The Respondent did not oppose the Union's application. The Commission was satisfied that the Union had met the requirements and that a 30-day extension was appropriate.

The Commission decided that a 30-day extension was appropriate and issued an order in PR760696. The extension period will operate from 16 March 2023, the date the 30-day period expired. The Commission made this decision on the basis of the documentation filed and the fact that the Respondent did not oppose the Union's application.

Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established