v Dnata Airport Services Pty Ltd T/A Dnata Summary

[2024] FWC 3590

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

Dnata Airport Services Pty Ltd T/A Dnata

(B2024/1690)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 24 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1414.

This matter concerns the declaration of the result of a protected action ballot PR780793 held in matter B2024/1414 and declared on 29 November 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.

Dnata Airport Services Pty Ltd T/A Dnata 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 29 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide whether to extend the period during which industrial action can be taken by employees of Dnata Airport Services Pty Ltd T/A Dnata who voted in favour of protected action in a ballot. The Transport Workers' Union of Australia applied for this extension under section 459(3) of the Fair Work Act 2009. The employer, Dnata Airport Services, did not object to the application.

The key legal issue before the Commission was whether the application met the statutory criteria for an extension. The Commission had to consider if the application was made by an applicant for the protected action ballot order and whether the 30-day period had not been extended before. The Transport Workers' Union argued that both conditions were satisfied and requested an additional 30-day extension to the original period.

In its decision, the Commission found that the Transport Workers' Union had fulfilled the requirements of the Act. Given that Dnata Airport Services did not object to the application, the Commission was satisfied that the application should be granted. The Deputy President concluded that the 30-day period for commencing protected industrial action should be extended by another 30 days, effective from 29 December 2024.

v Dnata Airport Services Pty Ltd T/A Dnata

CaseChat Overview and Summary

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Background to the litigation

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