Transport Workers' Union of Australia v Virgin Australia Airlines Pty Ltd T/A Virgin Australia Airlines
[2024] FWC 23
•4 JANUARY 2024
| [2024] FWC 23 |
| 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
Virgin Australia Airlines Pty Ltd T/A Virgin Australia Airlines
(B2024/4)
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 4 JANUARY 2024 |
Application to extend the 30-day period in relation to B2023/1242
This matter concerns the declaration of the result of a protected action ballot (PR768321) held in matter B2023/1242 and declared 4 December 2023.
The Transport Workers’ Union of Australia (TWU) 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 made by the TWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.
Virgin Australia Airlines Pty Limited T/A Virgin Australia Airlines (Virgin) has advised the Commission that it neither consents nor objects to the 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 TWU members employed by Virgin be extended by a further 30 days.
This order will operate on and from 4 January 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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