v Linfox Australia Pty Ltd Summary

[2024] FWC 3114

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

Linfox Australia Pty Ltd

(B2024/1450)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 12 NOVEMBER 2024

Application to extend the 30 day period in relation to B2024/1274.

This matter concerns the declaration of the result of a protected action ballot PR779785 held in matter B2024/1274 and declared on 11 October 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.

Linfox Australia 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 12 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between the Transport Workers' Union of Australia and Linfox Australia Pty Ltd was heard by Deputy President Wright of the Fair Work Commission. The application in question pertains to an extension of the 30-day period during which industrial action is authorised by a protected action ballot, specifically ballot PR779785, which was declared on 11 October 2024. The Union has applied under section 459(3) of the Fair Work Act 2009 to extend this period by an additional 30 days. The employer, Linfox Australia Pty Ltd, has indicated no objection to the application.

The primary legal issue before the court was whether the requirements for extending the 30-day period, as stipulated in section 459(3) of the Fair Work Act 2009, had been met. The Union argued that all conditions for the extension were satisfied and that the period should be extended by an additional 30 days. Linfox Australia Pty Ltd did not oppose the application. The court needed to determine if the application was valid and if the statutory criteria were fulfilled to warrant the extension of the authorisation period for industrial action.

After reviewing the application and considering the submissions, Deputy President Wright found that the requirements for extending the 30-day period had indeed been met. The Union had applied to the Fair Work Commission for an extension, and the period had not been previously extended. Given these factors and Linfox Australia Pty Ltd's lack of objection, the Deputy President concluded that the application should be granted. Therefore, the 30-day period for the commencement of protected industrial action was extended by an additional 30 days, effective from 12 November 2024.

The final order from the Fair Work Commission extended the 30-day period for the commencement of protected industrial action for eligible employees employed by Linfox Australia Pty Ltd by an additional 30 days, effective from 12 November 2024. This decision was based on the Union's application under section 459(3) of the Fair Work Act 2009 and the absence of any objection from the employer.

v Linfox Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

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