United Firefighters' Union of Australia v Airservices Australia

[2018] FWC 2018

[2018] FWC 2018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

United Firefighters’ Union of Australia
v
Airservices Australia
(B2018/240)

VICE PRESIDENT CATANZARITI SYDNEY, 6 APRIL 2018

Application to extend the 30-day period in relation to B2018/47.

[1] On 4 April 2018, the United Firefighters’ 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, PR599833 in B2018/47 made on 25 January 2018. 1 That Order and the subsequent variation Order,2 applies to employees of Airservices Australia (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 5 March 2018. 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 expired at midnight 3 April 2018.

[3] On 4 April 2018, the Respondent advised the Commission via email that it does not oppose the United Firefighters’ 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 United Firefighters’ 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(3) of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 3 April 2018, the extension period will operate from 4 April 2018.

[6] An order has been separately issued in PR601778.

VICE PRESIDENT

<PR601821>

 1   Pursuant to s.447 of the Act, the United Firefighters’ Union of Australia made an application to vary Order [4] in [PR599833] concerning the date by which voting in the protected action ballot would close. An Order [PR600539] was issued on 19 February 2018 to that effect.

 2   Ibid.

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