v Keolis Downer Hunter Pty Ltd

[2025] FWC 1077

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

Keolis Downer Hunter Pty Ltd

(B2025/634)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 APRIL 2025

Application to extend the 30 day period in relation to B2025/296.

This matter concerns the declaration of the result of a protected action ballot PR784801 held in matter B2025/296 and declared on 19 March 2025.

The Australian Rail, Tram and Bus Industry Union (ARTBIU) 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.

Keolis Downer Hunter Pty Ltd has advised the Commission it does not support the application but raises no objection.

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 18 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union (ARTBIU) has applied to the Fair Work Commission for an extension of the 30-day period during which industrial action is authorised by a protected action ballot. The application relates to ballot PR784801, which was declared on 19 March 2025. The applicant seeks an extension under section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission to extend the 30-day period if the applicant requests it and the period has not already been extended. The employer, Keolis Downer Hunter Pty Ltd, has not objected to the application.

The primary legal issue for the Fair Work Commission to decide was whether the application met the statutory criteria for extending the 30-day period for protected industrial action. The Commission had to determine if the requirements of section 459(3) of the Act had been fulfilled, specifically whether the applicant had made a timely request and if the period had not been extended before. The employer's lack of objection needed to be considered in the context of the statutory framework.

The Deputy President Hampton found that the application met the statutory requirements for an extension. The ARTBIU had made a timely application, and the 30-day period had not been extended previously. The employer's lack of objection was noted but did not affect the outcome. Given these findings, the Deputy President concluded that the application should be granted and ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 18 April 2025.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established