Transport Workers' Union of Australia v dnata Airport Services Pty Ltd Summary

[2022] FWC 2689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Transport Workers’ Union of Australia
v

dnata Airport Services Pty Ltd

(B2022/1495)

VICE PRESIDENT CATANZARITI

SYDNEY, 6 OCTOBER 2022

Application to extend the 30 day period in relation to B2022/1144

On 30 September 2022, 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, PR744321 made on 5 August 2022. The Order applies to certain employees of dnata Airport Services 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 2 September 2022. 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 1 October 2022.

On 4 October 2022, 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 1 October 2022, the extension period will operate from 1 October 2022.

An order has been separately issued in PR746558.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application by the Transport Workers’ Union of Australia for an extension of the 30-day period in relation to protected action. This action was authorised by a ballot order made on 5 August 2022. The Respondent, dnata Airport Services Pty Ltd, did not oppose the application. The 30-day period for protected action, which started on 2 September 2022, was set to expire on 1 October 2022.

The legal issue before the Commission was whether the application for an extension met the requirements set out in section 459 of the Fair Work Act 2009. The key points of consideration included whether the application was made by the Applicant, who had the protected action ballot order issued in their favour, and whether the period specified in the Act had already been extended. The Commission needed to determine if the extension was appropriate based on the information provided.

The Commission found that the requirements of section 459 of the Act had been satisfied. It was clear that the application was made by the Transport Workers’ Union of Australia, the Applicant for the protected action ballot order, and that the 30-day period had not been previously extended. Given this, the Commission concluded that a 30-day extension was appropriate. Consequently, the extension period would commence from 1 October 2022.

An order was subsequently issued in PR746558, granting the extension requested by the Transport Workers’ Union of Australia.

Transport Workers' Union of Australia v dnata Airport Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established