v Aurizon Operations Limited and Interail Australia Pty Ltd

[2024] FWC 3033

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

Australian Rail, Tram and Bus Industry Union

Aurizon Operations Limited and Interail Australia Pty Ltd

(B2024/1420)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 1 NOVEMBER 2024

Application to extend the 30-day period in relation to B2024/1134.

This matter concerns the declaration of the result of a protected action ballot PR778996 held in matter B2024/1134 and declared on 16 September 2024.

The Australian Rail, Tram and Bus Industry Union 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.

Aurizon Operations Limited and Interail Australia Pty Ltd have not advised the Commission of any 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 15 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union has applied to the Fair Work Commission for an extension of the 30-day period in which industrial action is authorised by a protected action ballot held in relation to Aurizon Operations Limited and Interail Australia Pty Ltd. The application was made under section 459(3) of the Fair Work Act 2009, which permits the Commission to extend the 30-day period if the applicant for the protected action ballot order applies for an extension and the period has not previously been extended. The Union argues that it has satisfied the requirements of the Act and that the extension should be granted. Neither Aurizon Operations Limited nor Interail Australia Pty Ltd have objected to the application.

The legal issues before the Commission were whether the Union's application satisfied the requirements of section 459(3) of the Act, and if so, whether the 30-day period should be extended. The Deputy President considered the application and found that the Union had met the requirements of the Act, and that there was no objection from the respondents. The Deputy President was satisfied that the application should be granted, and made an order extending the 30-day period for a further 30 days from 15 October 2024.

In reaching the decision, the Deputy President noted that the application was made within the timeframe allowed by the Act, and that the respondents had not raised any objections. The Deputy President also considered the potential impact of the extension on the parties and the broader community, and was satisfied that the extension was appropriate in the circumstances. The Deputy President made the order extending the 30-day period for a further 30 days from 15 October 2024, effective immediately.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established