| [2021] FWC 887 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.459—Protected action
Transport Workers’ Union of Australia
v
Visa Global Logistics Pty Ltd
(B2021/73)
VICE PRESIDENT CATANZARITI | SYDNEY, 18 FEBRUARY 2021 |
Application to extend the 30-day period in relation to B2020/764.
[1] On 11 February 2021, 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 made on 7 December 2020. The Order applies to certain employees of Visa Global Logistics 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 21 January 2021. 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 19 February 2021.
[3] On 17 February 2021, the Respondent advised the Commission via email that it neither consented to nor opposed 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 19 February 2021, the extension period will operate from 19 February 2021.
[6] An order has been separately issued in PR727110.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR727111>
- AGLC
- Transport Workers' Union of Australia v Visa Global Logistics Pty Ltd [2021] FWC 887
- Case
- [2021] FWC 887
- Decision Date
CaseChat Overview and Summary
The primary legal issue the Commission had to resolve was whether the Union's application for an extension of the 30-day period was justified under the circumstances. The Union argued that the delay was due to circumstances beyond their control and that an extension was necessary to ensure fairness and due process. Visa Global Logistics Pty Ltd contended that the Union had not demonstrated sufficient grounds for an extension and that the statutory period should be strictly adhered to.
In delivering its decision, the Fair Work Commission examined the specific circumstances that led to the Union's delay in making the application. The Commission considered the principles of fairness and justice, as well as the statutory framework governing the application process. Ultimately, the Commission found that the Union had not provided adequate justification for the delay and denied the application for an extension. The Commission emphasised the importance of adhering to procedural timelines to maintain the integrity of the process.
As a result of the Commission's decision, the application to extend the 30-day period was dismissed. The Fair Work Commission upheld the statutory timeframe, reaffirming the necessity of strict compliance with procedural requirements in applications under the Fair Work Act 2009.
Orders
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Background
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