Transport Workers' Union of Australia v Transit Systems (Victoria) Pty Ltd

[2025] FWC 2195

FAIR WORK COMMISSION

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

Transit Systems (Victoria) Pty Ltd

(B2025/1172)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 28 JULY 2025

Application to extend the 30 day period in relation to B2025/909.

This matter concerns the declaration of the result of a protected action ballot PR788088 held in matter B2025/909 and declared on 27 June 2025.

The Transport Workers' Union of Australia has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days from the expiry of the original 30 days.

Transit Systems (Victoria) Pty Ltd has not advised the Commission of any objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 28 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia has applied to the Fair Work Commission to extend the period during which industrial action can be taken following a protected action ballot. The matter concerns the ballot PR788088 held in relation to matter B2025/909, which was declared on 27 June 2025. The union seeks to extend the 30-day period under section 459(3) of the Fair Work Act 2009, which allows for an extension if certain conditions are met. The employer, Transit Systems (Victoria) Pty Ltd, has not objected to the application. The Deputy President of the Fair Work Commission, Hampton, considered the application and concluded that the union had met the statutory requirements for an extension.

The legal issues before the court were whether the union had satisfied the conditions set out in section 459(3) of the Fair Work Act 2009 for extending the period for protected industrial action. Specifically, the court needed to determine whether the union had applied for the extension within the required timeframe, and whether the 30-day period had already been extended previously. Given that Transit Systems (Victoria) Pty Ltd did not object to the application, the court only needed to consider the union's application and the provisions of the Act. The court found that the union had met all necessary conditions for an extension, and thus the application should be granted.

The Deputy President concluded that the union's application was valid, and that the statutory conditions for an extension had been satisfied. The court noted that the employer had not raised any objections to the application, and therefore there were no impediments to granting the extension. The court ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days from 28 July 2025. This decision allows the union to pursue industrial action within the extended timeframe, provided it complies with all relevant laws and regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established