v Bowen Rail Company Pty Ltd Summary

[2024] FWC 3575

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

Bowen Rail Company Pty Ltd

(B2024/1675)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1334.

This matter concerns the declaration of the result of a protected action ballot PR780185 held in matter B2024/1334 and declared on 26 November 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.

Bowen Rail Company Pty Ltd has 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 26 December 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 in relation to Bowen Rail Company Pty Ltd. The application seeks to extend the period pursuant to section 459(3) of the Fair Work Act 2009. The dispute involves the declaration of the result of a protected action ballot held on 26 November 2024, which authorised industrial action for 30 days. The Union argues that the 30-day period should be extended by a further 30 days as no objections have been raised by Bowen Rail Company Pty Ltd.

The central legal issue before the Deputy President was whether the application met the statutory requirements for an extension under section 459(3) of the Fair Work Act. The Union's application contended that it fulfilled all the necessary conditions, including that the 30-day period had not previously been extended. Bowen Rail Company Pty Ltd did not object to the application. The Deputy President considered whether the Union had satisfied the conditions for an extension and found that the application met the statutory criteria. Given the lack of objection from Bowen Rail Company Pty Ltd and the Union's compliance with the Act, the Deputy President determined that the application should be granted.

The Deputy President concluded that the requirements of the Act had been met, and the 30-day period for the commencement of protected industrial action should be extended by a further 30 days. This decision was based on the Union's compliance with the conditions set out in section 459(3) of the Act, and the absence of any objections from Bowen Rail Company Pty Ltd. The order to extend the period took effect from 26 December 2024.

v Bowen Rail Company Pty Ltd

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