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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia, as an applicant, sought an extension of the 30-day period in relation to B2019/268 against Linfox Armaguard Pty Ltd, the respondent, in the Fair Work Commission. The matter involved an application for an extension of time to file a response to a complaint regarding unfair dismissal, where the union argued that the extension was necessary due to unforeseen circumstances and procedural delays. The Commission was required to determine whether the application met the criteria for an extension under the relevant legislation and guidelines.

The legal issues before the Commission were whether the union's application for an extension was justified and whether the reasons provided for the delay were sufficient to warrant an extension of the 30-day period. The Commission considered the union's explanation for the delay, the procedural history of the case, and the potential impact of the extension on the respondent. It was necessary to balance the union's right to a fair process with the respondent's right to a timely resolution.

The Commission found that the union's application was justified, as the reasons provided for the delay were reasonable and the union had acted diligently in pursuing the complaint. The Commission noted that the union had not intentionally delayed the proceedings and that the extension would not significantly prejudice the respondent. Accordingly, the Commission granted the union's application for an extension of time, allowing the union to file its response within the extended period. This decision recognised the importance of ensuring fair and timely proceedings while also considering the specific circumstances of the case.

Transport Workers' Union of Australia v Linfox Armaguard Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established