v Airservices Australia Summary

[2024] FWC 1348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

The Civil Air Operations Officers' Association of Australia

Airservices Australia

(B2024/575)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 22 MAY 2024

Application to extend the 30 day period in relation to B2024/391

This matter concerns the declaration of the result of a protected action ballot PR773151 held in matter B2024/391 and declared on 1 May 2024.

The Civil Air Operations Officers' Association of Australia has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

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

Airservices Australia has advised the Commission it has no objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 22 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application from the Civil Air Operations Officers' Association of Australia to extend the 30-day period for industrial action authorised by a protected action ballot held on 1 May 2024. The application was made under section 459(3) of the Fair Work Act 2009, seeking to extend the time frame by an additional 30 days, thereby allowing the association to potentially initiate industrial action beyond the initial 30-day window. Airservices Australia did not object to the application, which was declared on 1 May 2024, indicating no opposition to the proposed extension.

The legal issues before the Commission revolved around whether the application met the statutory requirements stipulated in section 459(3) of the Act. Specifically, the Commission needed to determine if the applicant had applied for an extension within the specified timeframe and whether the period in question had not been previously extended. The application argued that both conditions were satisfied, thereby justifying an extension of the 30-day period.

In assessing the application, the Deputy President was satisfied that the Civil Air Operations Officers' Association had indeed fulfilled the statutory criteria. Given the absence of objections from Airservices Australia and the compliance with the legislative requirements, the Deputy President concluded that the application should be granted. Consequently, the Commission ordered an extension of the 30-day period for the commencement of protected industrial action, effective from 22 May 2024. This decision ensures that eligible employees who participated in the ballot and are employed by Airservices Australia have an additional 30 days to potentially undertake protected industrial action.

v Airservices Australia

CaseChat Overview and Summary

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