v Express Freighters Australia (Operations) Pty Ltd Summary

[2025] FWC 2101

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 Federation of Air Pilots

Express Freighters Australia (Operations) Pty Ltd

(B2025/1155)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 18 JULY 2025

Application to extend the 30 day period in relation to B2025/891.

This matter concerns the declaration of the result of a protected action ballot PR787977 held in matter B2025/891 and declared on 25 June 2025.

The Australian Federation of Air Pilots 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 it has no 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 25 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerns an application by the Australian Federation of Air Pilots to extend the period within which industrial action can be authorised by a protected action ballot held under the Fair Work Act 2009. The application was made in relation to a protected action ballot PR787977, declared on 25 June 2025, in the context of the dispute between the Australian Federation of Air Pilots and Express Freighters Australia (Operations) Pty Ltd. The respondents, Express Freighters Australia, indicated no objection to the application. The primary legal issue before the Commission was whether the application met the statutory requirements for an extension under section 459(3) of the Act.

The Fair Work Act 2009 allows for the extension of the 30-day period within which protected industrial action can commence if certain conditions are met. Section 459(3) specifies that an extension can be granted if the applicant for the protected action ballot order applies to the Commission for the period to be extended and if the period has not previously been extended. The Commission needed to determine if the applicant's application satisfied these criteria. Given that Express Freighters Australia did not oppose the application and that the 30-day period had not previously been extended, the Commission found that the application met the statutory requirements.

Following the analysis of the application and the absence of objections from Express Freighters Australia, the Deputy President concluded that the application should be granted. The Deputy President was satisfied that all the relevant conditions specified in section 459(3) of the Act were fulfilled, thereby allowing for the extension of the 30-day period by an additional 30 days. This extension would commence from the expiration of the original 30-day period, which was 25 July 2025.

Consequently, the Deputy President ordered 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 took effect from 25 July 2025.

v Express Freighters Australia (Operations) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established