| [2022] FWC 1060 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
Transport Workers’ Union of Australia
v
ZircoDATA Services Pty Ltd T/A ZircoDATA
(B2022/385)
| VICE PRESIDENT CATANZARITI | SYDNEY, 6 MAY 2022 |
Application to extend the 30 day period in relation to B2022/99
On 3 May 2022, 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, PR738945 made on 2 March 2022. The Order applies to certain employees of ZircoDATA Services Pty Ltd T/A ZircoDATA (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 13 April 2022. 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 12 May 2022.
On 6 May 2022, 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.
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.
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 12 May 2022, the extension period will operate from 12 May 2022.
An order has been separately issued in PR741323.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR741324>
- AGLC
- Transport Workers' Union of Australia v ZircoDATA Services Pty Ltd T/A ZircoDATA [2022] FWC 1060
- Case
- [2022] FWC 1060
- Decision Date
CaseChat Overview and Summary
The Commission considered that the application was made by the Union, who had been issued with the protected action ballot order. Furthermore, the 30-day period had not been extended before, and the ballot result, which endorsed the proposed forms of protected industrial action, had been declared. The Commission concluded that the Union had met the requirements of section 459 of the Act and that an extension of the 30-day period was appropriate. The extension was set to commence from 12 May 2022, the date on which the original 30-day period would have expired. The respondent, ZircoDATA Services Pty Ltd, did not oppose the Union's application.
In light of the above, the Fair Work Commission granted the Transport Workers’ Union of Australia’s application to extend the 30-day period for protected action. The extended period would operate from 12 May 2022, the date on which the original 30-day period would have expired. An order was separately issued in PR741323. This decision underscores the importance of meeting the statutory criteria for extending the 30-day period for protected action and highlights the role of the Fair Work Commission in ensuring that such extensions are granted appropriately.
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