v K&S Freighters Pty Ltd T/A K&S Freighters Summary

[2025] FWC 138

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

K&S Freighters Pty Ltd T/A K&S Freighters

(B2025/50)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1531.

This matter concerns the declaration of the result of a protected action ballot PR781701 held in matter B2024/1531 and declared on 17 December 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.

K&S Freighters Pty Ltd T/A K&S Freighters 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 15 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia has applied to the Fair Work Commission for an extension of the 30-day period in which industrial action can be authorised by a protected action ballot. The application pertains to a ballot that was declared on 17 December 2024 in matter B2024/1531, and the applicant seeks an extension under section 459(3) of the Fair Work Act 2009. K&S Freighters Pty Ltd, the employer, has indicated it has no objections to the application.

The legal issue before the Fair Work Commission was whether the Transport Workers' Union of Australia's application satisfied the conditions set out in section 459(3) of the Fair Work Act 2009 for extending the 30-day period in which industrial action is authorised by a protected action ballot. Section 459(3) allows for an extension if the applicant for the protected action ballot order applies to the FWC for the period to be extended and if the period has not previously been extended. The Commission had to determine if these conditions were met and if the extension should be granted.

The Deputy President Hampton was satisfied that the requirements of the Act had been met and that the application should be granted. The Commission noted that the applicant had applied for the extension and that the 30-day period had not previously been extended. Additionally, K&S Freighters Pty Ltd, the employer, had no objections to the application. Consequently, the Deputy President concluded that the application should be approved and 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, effective from 15 January 2025.

v K&S Freighters Pty Ltd T/A K&S Freighters

CaseChat Overview and Summary

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Background to the litigation

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