v Express Freighters Australia (Operations) Pty Ltd

[2025] FWC 2124

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 and International Pilots Association

Express Freighters Australia (Operations) Pty Ltd

(B2025/1160)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 JULY 2025

Application to extend the 30 day period in relation to B2025/900.

This matter concerns the declaration of the result of a protected action ballot PR787998 held in matter B2025/900 and declared on 25 June 2025.

The Australian and International Pilots Association 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 from the expiry of the original 30 days.

Express Freighters Australia (Operations) Pty Ltd has advised the Commission that they do not object 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 25 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian and International Pilots Association brought an application to the Fair Work Commission, seeking an extension of the 30-day period within which industrial action could be authorised by a protected action ballot. This application was made in relation to a ballot held in matter B2025/900, the result of which was declared on 25 June 2025. The application was pursuant to section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period by up to 30 days if certain conditions are met. The applicant contended that the relevant requirements were satisfied and that the period should be extended by a further 30 days. Express Freighters Australia (Operations) Pty Ltd did not object to the application.

The legal issues before the Commission were whether the application met the requirements set out in section 459(3) of the Fair Work Act 2009. Specifically, the Commission needed to determine whether an applicant for the protected action ballot order had applied for the period to be extended, and whether the period had not previously been extended. The Commission found that both conditions were met, and therefore the application should be granted.

In reaching its decision, the Commission noted that the applicant had applied for the extension within the required timeframe, and that the period had not previously been extended. Given that the employer did not object to the application, the Commission was satisfied that the application met the statutory requirements. The Commission therefore ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 25 July 2025.

This decision provides guidance on the requirements for extending the 30-day period for the commencement of protected industrial action under the Fair Work Act 2009. The Commission's decision highlights the importance of meeting the statutory requirements for such an extension, and the need for the employer to object to the application if they wish to prevent the extension from being granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established