United Firefighters’ Union of Australia v Airservices Australia T/A Aviation Rescue Fire Fighting Service

[2024] FWC 928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Firefighters’ Union of Australia
v

Airservices Australia T/A Aviation Rescue Fire Fighting Service

(B2024/414)

DEPUTY PRESIDENT DEAN

CANBERRA, 10 APRIL 2024

Application to extend the 30 day period in relation to B2024/155.

The United Firefighters’ Union of Australia (UFUA) has made an application pursuant to s.459(3) of the Fair Work Act 2009 to extend the 30 day period for protected action authorised by a protected action ballot order, PR771807 (the Order) made on 27 February 2024. The Order applies to certain employees of Airservices Australia T/A Aviation Rescue Fire Fighting Service (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 18 March 2024. 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 16 April 2024.

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 UFUA contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

The Respondent has advised the Commission it does not object to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted. An order to that effect has been separately issued in PR773367.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Firefighters’ Union of Australia (UFUA) applied to the Fair Work Commission (FWC) for an extension of the 30-day period for protected industrial action authorized by a ballot order. The dispute involved certain employees of Airservices Australia T/A Aviation Rescue Fire Fighting Service, the respondent in this matter. The initial 30-day period for protected action began on 18 March 2024, the date the ballot results were declared, and was set to expire on 16 April 2024. The Union sought an extension under section 459(3) of the Fair Work Act 2009, which allows for an additional 30-day period if the application is made and if the period has not been previously extended. Airservices Australia did not oppose the application.

The central legal issue before the Commission was whether the requirements for an extension under section 459(3) of the Fair Work Act were met. The Act stipulates that the FWC may extend the 30-day period if the applicant for the protected action ballot order applies for an extension and if the period has not already been extended. The UFUA argued that these conditions were satisfied and that the extension should be granted. The Commission needed to determine if the Union had fulfilled the statutory criteria for an extension and whether it was appropriate to grant the requested extension.

The Deputy President of the FWC found that the Union had met the statutory requirements for an extension of the 30-day period for protected industrial action. The application was made by the UFUA, and the period had not been previously extended, satisfying both conditions under section 459(3) of the Fair Work Act. As the Respondent did not object to the application, the Commission concluded that the application should be granted. Consequently, an order extending the period by an additional 30 days was issued. This decision was separately documented in PR773367.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established