Transport Workers' Union of Australia v Linfox Armaguard Pty Ltd

[2019] FWC 3734

[2019] FWC 3734

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Transport Workers’ Union of Australia
v
Linfox Armaguard Pty Ltd
(B2019/433)

VICE PRESIDENT CATANZARITI MELBOURNE, 29 MAY 2019

Application to extend the 30-day period in relation to B2019/268.

[1] On 28 May 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, PR706442 made on 1 April 2019. The Order applies to certain employees of Linfox Armaguard 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 6 May 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 4 June 2019.

[3] On 29 May 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 4 June 2019, the extension period will operate from 4 June 2019.

[6] An order has been separately issued in PR708843.

VICE PRESIDENT

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