v Qantas Airways Limited

[2025] FWC 134

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 Workers' Union

Qantas Airways Limited

(B2025/34)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1506.

This matter concerns the declaration of the result of a protected action ballot PR781551 held in matter B2024/1506 and declared on 9 December 2024.

The Australian Workers' Union 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.

Qantas Airways Limited 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 15 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application by the Australian Workers' Union (AWU) to extend the period during which industrial action is authorised by a protected action ballot. The matter pertains to the ballot PR781551 held in relation to Qantas Airways Limited. The AWU seeks to extend the 30-day period in which industrial action can commence, as authorised by the ballot, which was declared on 9 December 2024. Qantas Airways Limited did not object to the application.

The primary legal issue before the Deputy President was whether the Fair Work Commission had the authority to extend the 30-day period in which industrial action is authorised by a protected action ballot. The relevant provision, section 459(3) of the Fair Work Act 2009, permits such an extension if the applicant for the protected action ballot order applies to the Commission and if the period has not previously been extended. The Deputy President found that the AWU had satisfied these requirements, and no objections were raised by Qantas Airways Limited.

The Deputy President concluded that the application should be granted because the requirements under the Fair Work Act were met. Consequently, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, starting from 15 January 2025. This decision ensures that the employees who were subject to the ballot and are employed by Qantas Airways Limited have an additional period during which industrial action can be authorised.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established