v Ampol Aviation Pty Ltd

[2024] FWC 2034

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

Transport Workers' Union of Australia

Ampol Aviation Pty Ltd

(B2024/968)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 31 JULY 2024

Application to extend the 30 day period in relation to B2024/780.

This matter concerns the declaration of the result of a protected action ballot PR776256 held in matter B2024/780 and declared on 5 July 2024.

The Transport Workers' 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.

Ampol Aviation 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 31 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia has applied to the Fair Work Commission for an extension of the 30-day period within which industrial action may be taken under a protected action ballot. The matter pertains to the authorisation of industrial action by employees of Ampol Aviation Pty Ltd. The Commission, through its Deputy President Hampton, heard the application on 31 July 2024. The application seeks an extension under section 459(3) of the Fair Work Act 2009, which permits the Commission to extend the 30-day period by up to an additional 30 days, provided certain conditions are satisfied.

The key legal issues before the Commission were whether the application met the statutory requirements for an extension and if the 30-day period had not already been extended previously. The Transport Workers' Union of Australia argued that both conditions were fulfilled and requested an extension for the period in which industrial action could be authorised. Ampol Aviation Pty Ltd did not oppose the application, indicating that they had no objections to the extension. The Deputy President Hampton found that the application complied with the requirements of the Act and granted the requested extension.

In reaching its decision, the Deputy President Hampton considered that the application was made by an applicant for the protected action ballot order, and the period had not been extended previously. As such, the application met the criteria outlined in section 459(3) of the Act. The Deputy President was satisfied that the conditions for an extension were met and ordered that the 30-day period for the commencement of protected industrial action for eligible employees be extended by a further 30 days, effective from 31 July 2024.

This order provides a 30-day extension to the period during which industrial action can be undertaken by eligible employees who were subject to the ballot and are employed by Ampol Aviation Pty Ltd. The extension allows for continued negotiations or other resolutions between the parties involved in the industrial dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established