v Alstom Transport Australia Pty Ltd Summary

[2024] FWC 2466

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Alstom Transport Australia Pty Ltd

(B2024/1184)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 10 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/969.

This matter concerns the declaration of the result of a protected action ballot PR777761 held in matter B2024/969 and declared on 16 August 2024.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union 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.

Alstom Transport Australia Pty Ltd 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 10 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for an extension of the 30-day period during which industrial action could be authorised by a protected action ballot. The application was made against Alstom Transport Australia Pty Ltd, following a ballot held and declared on 16 August 2024. The Union sought an extension of the period under section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission to extend the 30-day period by an additional 30 days if the application is made by the applicant for the protected action ballot order and the period has not been extended before. Alstom Transport Australia Pty Ltd did not object to the application.

The key legal issue the Deputy President had to decide was whether the application met the statutory requirements for an extension, particularly if the 30-day period had not previously been extended. The Union argued that all conditions of the Act were satisfied, and therefore, the period should be extended by a further 30 days. The Deputy President found that the application met the statutory requirements, and thus, the 30-day period was extended by an additional 30 days from 10 September 2024.

In granting the application, the Deputy President noted that Alstom Transport Australia Pty Ltd had no objections and that the statutory requirements had been met. The Commission exercised its discretion under section 459(3) of the Act to extend the period as requested by the Union. The order extends 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. This extension will be effective from 10 September 2024.

v Alstom Transport Australia Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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