Transport Workers' Union of Australia v Gate Gourmet Services Pty Ltd

[2019] FWC 8593

[2019] FWC 8593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Transport Workers’ Union of Australia
v
Gate Gourmet Services Pty Ltd
(B2019/1397)

VICE PRESIDENT CATANZARITI SYDNEY, 20 DECEMBER 2019

Application to extend the 30-day period in relation to B2019/1247.

[1] On 17 December 2019, 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, PR713838 made on 30 October 2019. The Order applies to certain employees of Gate Gourmet 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 27 November 2019. 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 26 December 2019.

[3] On 19 December 2019, 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 expires at midnight on 26 December 2019, the extension period will operate from 26 December 2019.

[6] An order has been separately issued in PR715448.

VICE PRESIDENT

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