Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd

[2025] FWC 139

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

Cleanaway Operations Pty Ltd

(B2025/47)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1575.

This matter concerns the declaration of the result of a protected action ballot PR781929 held in matter B2024/1575 and declared on 16 December 2024.

The Transport Workers' Union of Australia 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.

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.”

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

Cleanaway Operations Pty Ltd has advised the Commission it has no objection to this application.

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

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 employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 15 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Transport Workers' Union of Australia to extend the 30-day period for industrial action authorised by a protected action ballot, which was declared in the earlier matter B2024/1575 on 16 December 2024. The application was brought under section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met. The applicant, Cleanaway Operations Pty Ltd, did not object to the application. The primary legal issue was whether the conditions for an extension under section 459(3) of the Act were satisfied, specifically whether the period had not been previously extended and if an application for the extension had been made by the applicant.

The Deputy President of the Fair Work Commission, Hampton, found that the conditions stipulated in section 459(3) of the Act were indeed fulfilled. The 30-day period for initiating industrial action had not been extended before, and the application for extension was made by the applicant, the Transport Workers' Union of Australia. The Deputy President was satisfied that the application should be granted as it complied with the requirements of the Act. Accordingly, the 30-day period for the commencement of protected industrial action was extended by an additional 30 days from 15 January 2025.

This decision underscores the Commission's role in regulating the timing of industrial actions in accordance with the Fair Work Act 2009. The extension was granted based on the explicit provisions of the Act and the absence of objections from the employer. The order effectively provides an additional 30 days for the commencement of protected industrial action by the eligible employees who were part of the ballot. This decision highlights the importance of adherence to statutory timelines and the procedural requirements for any extensions to such periods.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established