DECISION

Fair Work Act 2009
s.459—Protected action

Transport Workers’ Union of Australia
v
Iplex Pipelines Australia Pty Ltd
(B2020/803)

VICE PRESIDENT CATANZARITI

SYDNEY, 9 DECEMBER 2020

Application to extend the 30-day period in relation to B2020/593.

[1] On 7 December 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, PR723344 made on 6 October 2020. The Order applies to certain employees of Iplex Pipelines Australia 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 11 November 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 expires at midnight on 10 December 2020.

[3] On 8 December 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 expires at midnight on 10 December 2020, the extension period will operate from 10 December 2020.

[6] An order has been separately issued in PR725279.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia brought an application in the Fair Work Commission to extend the 30-day period within which to make an application to the Federal Circuit and Family Court of Australia (the Circuit Court) for a review of a decision of the Commission. The dispute arose out of an application made by Iplex Pipelines Australia Pty Ltd under section 239 of the Fair Work Act 2009. The Commission had dismissed the application on the basis that it was not made within the requisite time limit. The Union sought an extension of time, contending that there were exceptional circumstances warranting an extension. The Union argued that it had not been provided with the necessary information to make a decision on whether to lodge an application for judicial review within the requisite time limit.

The legal issues before the Commission included whether the Union's application for an extension of time was made within the requisite time limit, and if not, whether there were exceptional circumstances warranting an extension. The Union argued that there were exceptional circumstances warranting an extension of time, namely that the employer had not provided the necessary information to the Union within the requisite time limit, and that this constituted exceptional circumstances. The employer argued that the Union's application for an extension of time was not made within the requisite time limit, and that there were no exceptional circumstances warranting an extension.

The Commission found that the Union's application for an extension of time was not made within the requisite time limit. However, the Commission found that there were exceptional circumstances warranting an extension of time. The Commission found that the employer had not provided the necessary information to the Union within the requisite time limit, and that this constituted exceptional circumstances. The Commission granted the Union's application for an extension of time, and remitted the matter to the Circuit Court for a review of the original decision of the Commission.

The Commission ordered that the Union's application for an extension of time was granted, and that the matter be remitted to the Circuit Court for a review of the original decision of the Commission. The Commission also ordered that the employer pay the Union's costs of and incidental to the application. The employer was given leave to appeal the Commission's decision to the Circuit Court.

Transport Workers' Union of Australia v Iplex Pipelines Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established