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

[2024] FWC 928

[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.

1. 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).

1. 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.

1. 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.”

1. 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.

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

1. 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

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