v Qantas Airways Limited

[2024] FWC 2794

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

(B2024/1309)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1095.

This matter concerns the declaration of the result of a protected action ballot PR778716 held in matter B2024/1095 and declared on 11 September 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 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 8 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union has applied to the Fair Work Commission for an extension of the 30-day period for protected industrial action under the Fair Work Act 2009. The application was in relation to the result of a protected action ballot held on 11 September 2024, which authorised industrial action. The applicant sought to extend this period by a further 30 days. The employer, Qantas Airways Limited, did not object to the application.

The central legal issue before the Deputy President was whether the Australian Workers' Union's application met the requirements of section 459(3) of the Fair Work Act. Specifically, the court needed to determine if the application was made by an applicant for the protected action ballot order, and if the period had not already been extended. The Deputy President found that both conditions were met, and thus the application should be granted.

In granting the application, the Deputy President noted that all necessary conditions under section 459(3) of the Act had been satisfied. Qantas Airways Limited had no objections to the application, further supporting the grant. The Deputy President concluded that the 30-day period for the commencement of protected industrial action should be extended by a further 30 days, effective from 8 October 2024. This decision was made in accordance with the provisions of the Fair Work Act, ensuring that the application's requirements were properly met and the rights of both parties were considered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established