v Mondiale VGL Pty Ltd

[2025] FWC 85

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

Mondiale VGL Pty Ltd

(B2025/22)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 10 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1547.

This matter concerns the declaration of the result of a protected action ballot PR781790 held in matter B2024/1547 and declared on 12 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.

Mondiale VGL Pty Ltd has not advised the Commission of any 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 10 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involves the Transport Workers' Union of Australia, which has applied for an extension of the 30-day period for protected industrial action authorised by a ballot conducted under matter number B2024/1547. Mondiale VGL Pty Ltd, the employer, has not opposed the application. The Commission is required to determine whether the statutory conditions under section 459(3) of the Fair Work Act 2009 are satisfied to warrant an extension of the specified period.

The primary legal issue before the Commission is whether the Transport Workers' Union of Australia has fulfilled the statutory criteria to extend the 30-day period for industrial action, as stipulated in section 459(3) of the Act. The Union must demonstrate that it has applied to the Commission for an extension and that the period has not previously been extended. Section 459(3) permits the Fair Work Commission to extend the 30-day period by up to an additional 30 days if the conditions are met. The employer, Mondiale VGL Pty Ltd, has not raised any objections to the application, which simplifies the Commission's decision-making process.

After reviewing the application and the relevant statutory provisions, Deputy President Hampton found that the Transport Workers' Union of Australia had satisfied all the necessary requirements. The Union had applied for the extension within the prescribed timeframe, and there had been no prior extension of the 30-day period. Consequently, the Deputy President concluded that the application should be granted, and the 30-day period for the commencement of protected industrial action was to be extended by an additional 30 days. This extension took effect from 10 January 2025.

Pursuant to section 459(3) of the Fair Work Act 2009, the Fair Work Commission orders 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 Mondiale VGL Pty Ltd be extended by a further 30 days. This extension will commence on 10 January 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established