v Central Queensland Services Pty Ltd T/A BMA

[2024] FWC 2264

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

Central Queensland Services Pty Ltd T/A BMA

(B2024/1066)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 AUGUST 2024

Application to extend the 30 day period in relation to B2024/710.

This matter concerns the declaration of the result of a protected action ballot PR775497 held in matter B2024/710 and declared on 11 July 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.

Central Queensland Services Pty Ltd T/A BMA 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 23 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Australian Rail, Tram and Bus Industry Union, seeking an extension to the 30-day period during which industrial action is authorised by a protected action ballot. The application related to a ballot held in matter B2024/710, which was declared on 11 July 2024. The employer, Central Queensland Services Pty Ltd T/A BMA, did not object to the application. The Commission was required to determine whether the application met the criteria set out in section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are satisfied.

The key legal issue before the Commission was whether the application fulfilled the conditions outlined in section 459(3) of the Act. Specifically, the Commission had to assess whether the applicant had made the application to the Commission and whether the period had not already been extended. Given that Central Queensland Services Pty Ltd T/A BMA did not object and the application was made within the stipulated timeframe, the Commission found that the requirements of the Act were met. The Commission also noted that the application was made by the relevant party and that the period had not been extended previously.

The Deputy President of the Commission, Hampton, concluded that the application satisfied the criteria for an extension as per section 459(3) of the Act. The Commission found no objections from the employer and was satisfied that the application met all necessary conditions. Consequently, the 30-day period for the commencement of protected industrial action was extended by an additional 30 days, effective from 23 August 2024. This decision was made to ensure that the eligible employees who participated in the ballot could benefit from the extended period to undertake authorised industrial action.

The final order granted by the Commission extended the 30-day period for protected industrial action by an additional 30 days, from the date of the decision, 23 August 2024. This extension allowed the eligible employees who were part of the ballot to potentially engage in industrial action within the extended timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established