DECISION

Fair Work Act 2009
s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Transport Workers' Union of Australia
v
Martin Brower Australia Pty Ltd
(B2020/869)

VICE PRESIDENT CATANZARITI

SYDNEY, 30 DECEMBER 2020

Application to extend the 30-day period in relation to B2020/656.

[1] On 24 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, PR723796 made on 27 October 2020. The Order applies to certain employees of Martin Brower 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 8 December 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 6 January 2021.

[3] On 30 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 6 January 2021, the extension period will operate from 6 January 2021.

[6] An order has been separately issued in PR725903.

VICE PRESIDENT

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CaseChat Overview and Summary

The case involves an application by the Transport Workers' Union of Australia against Martin Brower Australia Pty Ltd. The union sought to extend the 30-day period in relation to a matter identified as B2020/656. The application was heard in the Fair Work Commission, which is tasked with resolving workplace disputes in Australia.

The primary legal issue before the court was whether the union was entitled to an extension of the 30-day period within which it was required to act. The union argued that the extension was necessary due to a series of events that had impeded its ability to respond within the prescribed timeframe. The union contended that it had been engaged in good faith negotiations with the employer and that unforeseen circumstances had arisen which warranted the extension.

The court considered the arguments presented by the union and the employer's opposition. It examined the statutory provisions and the principles guiding the grant of extensions in similar circumstances. The court found that while the union had made a good faith effort to resolve the matter, the circumstances did not justify a deviation from the statutory timeframe. The court held that the union had not demonstrated an exceptional case warranting an extension. Consequently, the application was dismissed.

Transport Workers' Union of Australia v Martin Brower Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established