v Qantas Airways Limited

[2025] FWC 79

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

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

Qantas Airways Limited

(B2025/17)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 9 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1508.

This matter concerns the declaration of the result of a protected action ballot PR781534 held in matter B2024/1508 and declared on 9 December 2024.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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 case before the Fair Work Commission involved the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and Qantas Airways Limited. The AMWU sought an extension of the 30-day period during which industrial action could be authorised by a protected action ballot, as per section 459 of the Fair Work Act 2009. The dispute centred on the protected action ballot PR781534, which was declared on 9 December 2024 in relation to matter B2024/1508. The AMWU argued that the conditions set out in the Act for extending the period were satisfied and sought a 30-day extension. Qantas Airways Limited did not object to the application.

The central legal issue for the Commission was whether the AMWU's application met the statutory requirements for extending the 30-day period under section 459(3) of the Fair Work Act 2009. Specifically, the Commission had to determine if the application was made by an applicant for the protected action ballot order and if the period had not previously been extended. Given that the AMWU was the applicant for the ballot and the period had not been extended before, the Commission needed to decide if these conditions justified the extension.

The Deputy President Hampton found that the AMWU's application complied with the statutory requirements. The AMWU was the applicant for the protected action ballot, and there had been no prior extension of the 30-day period. Consequently, the Deputy President was satisfied that the application should be granted. The order extended the 30-day period for the commencement of protected industrial action by a further 30 days, effective from 9 January 2025.

The Fair Work Commission granted the AMWU's application for an extension of the 30-day period. The order extended the period for the commencement of protected industrial action by a further 30 days, starting from 9 January 2025. This decision allowed eligible employees who were subject to the ballot and employed by Qantas Airways Limited to continue with the authorised industrial action within the extended timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established