Transport Workers' Union of Australia v Ventia Australia Pty Ltd

[2025] FWC 782

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

Ventia Australia Pty Ltd

(B2025/489)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 MARCH 2025

Application to extend the 30 day period in relation to B2025/200.

This matter concerns the declaration of the result of a protected action ballot PR783929 held in matter B2025/200 and declared on 19 February 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.

Ventia Australia 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 20 March 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 for an extension to the 30-day period for industrial action authorised by a protected action ballot. The application pertains to matter B2025/200, which was declared on 19 February 2025. The union seeks to extend the time frame by an additional 30 days, as permitted under section 459(3) of the Fair Work Act 2009. The employer, Ventia Australia Pty Ltd, did not object to the application.

The primary legal issue before the Deputy President was whether the conditions for extending the 30-day period for protected industrial action had been satisfied. The application for the extension was made by the union within the original 30-day period and was made in accordance with section 459(3) of the Fair Work Act 2009. Furthermore, the Deputy President had to determine whether the period had already been extended previously, which it had not. The absence of any objection from the employer was also a consideration in the decision.

After considering the application and the absence of any objections, the Deputy President concluded that the union had met the statutory requirements for an extension of the 30-day period. The Deputy President was satisfied that the union had complied with the necessary provisions and that there were no grounds for denying the application. Consequently, the Deputy President granted the application and extended the period for protected industrial action by a further 30 days, effective from 20 March 2025.

The Deputy President's decision was 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 Ventia Australia Pty Ltd would be extended by a further 30 days. This extension was granted in accordance with section 459(3) of the Fair Work Act 2009. The order came into effect on 20 March 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established