v Qantas Airways Limited Summary

[2025] FWC 81

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Qantas Airways Limited

(B2025/18)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 9 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1507.

This matter concerns the declaration of the result of a protected action ballot PR781541 held in matter B2024/1507 and declared on 9 December 2024.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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.

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 9 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia against Qantas Airways Limited to extend the 30-day period in which industrial action is authorised by a protected action ballot. The application seeks to extend the period under section 459(3) of the Fair Work Act 2009, which allows for such an extension if certain conditions are met, including that the period has not been extended before. The application was made in relation to a protected action ballot held in matter B2024/1507, the result of which was declared on 9 December 2024. Qantas Airways Limited did not object to the application.

The legal issue before the Commission was whether the application met the requirements of section 459(3) of the Act, and if so, whether the 30-day period should be extended by a further 30 days. The Commission was required to consider the terms of the Act, the circumstances of the application, and any relevant factors. The Commission noted that the application satisfied the statutory requirements for an extension, and that there were no objections from the employer.

In reaching its decision, the Commission noted that the Act provides a clear mechanism for extending the period during which industrial action may be taken if a ballot is held. Given that the application was made within the prescribed timeframe, and there were no objections from the employer, the Commission was satisfied that the application met the statutory criteria. The Commission also considered the potential impact of the extension on the employer and employees, but found no compelling reason to deny the application. The Commission concluded that the extension would be appropriate in the circumstances of this case.

Accordingly, the Commission granted the application 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. The order will operate from 9 January 2025.

v Qantas Airways Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established