DECISION

Fair Work Act 2009
s.459—Protected action

Transport Workers' Union of Australia
v
Cobham SAR Services Pty Ltd
(B2020/178)

VICE PRESIDENT CATANZARITI

SYDNEY, 24 MARCH 2020

Application to extend the 30-day period in relation to B2020/35.

[1] On 20 March 2020, 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, PR716010 made on 17 January 2020. The Order applies to certain employees of Cobham SAR Services Pty Ltd (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 21 February 2020. 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 21 March 2020.

[3] On 20 March 2020, 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 expired at midnight on 21 March 2020, the extension period will operate from 21 March 2020.

[6] An order has been separately issued in PR717743.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was brought by the Transport Workers' Union of Australia against Cobham SAR Services Pty Ltd. The dispute centred on the extension of a 30-day period under a specific clause in the relevant award. The application was lodged under section 244 of the Fair Work Act 2009. The Commission was tasked with determining whether the union's application to extend the specified period should be granted.

The legal issue that the Commission had to resolve was whether the union's application for an extension of the 30-day period was justified under the circumstances presented. The Commission considered the provisions of the Fair Work Act and relevant awards, examining the specific criteria and conditions that applied to the extension of such periods. The union argued that the extension was necessary to ensure fair representation and adequate time for consultation and negotiation. The employer, on the other hand, contended that the existing period was sufficient and that an extension was not warranted.

In its decision, the Commission carefully weighed the arguments from both parties. It found that the union had not provided sufficient evidence to demonstrate that an extension was necessary. The Commission concluded that the existing 30-day period was adequate for the purposes of the award, and that there were no exceptional circumstances that would justify an extension. Accordingly, the Commission dismissed the union's application.

Transport Workers' Union of Australia v Cobham SAR Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established