v Qantas Airways Limited Summary

[2024] FWC 2793

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

(B2024/1307)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1094.

This matter concerns the declaration of the result of a protected action ballot PR778713 held in matter B2024/1094 and declared on 11 September 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 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 Fair Work Commission (FWC) considered an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period during which industrial action could be authorised by a protected action ballot. This application was made in relation to the industrial dispute between the union and Qantas Airways Limited, where the union sought to extend the time frame for taking industrial action following the declaration of the ballot result on 11 September 2024. The application was brought under section 459(3) of the Fair Work Act 2009, which allows the FWC to extend the 30-day period if certain conditions are met, namely that the applicant has applied for an extension and that the period has not already been extended.

The primary legal issue before the FWC was whether the application met the statutory criteria for an extension under section 459(3) of the Fair Work Act 2009. The union argued that it had fulfilled all necessary requirements, including timely application and the fact that the period had not been previously extended. Qantas Airways Limited did not oppose the application, indicating its acquiescence to the proposed extension. The FWC's task was to determine if the union's application satisfied the legal prerequisites for granting an extension and to decide whether such an extension was warranted in the circumstances.

The FWC found that the union's application met the statutory criteria, as it had been made within the specified timeframe and the period had not been extended before. Qantas Airways Limited's lack of objection was also noted. Given these findings, the FWC concluded that the application should be granted. Consequently, the FWC ordered that the 30-day period for the commencement of protected industrial action be extended by an additional 30 days, effective from 8 October 2024. This decision ensures that eligible employees can continue to be protected by the provisions of the Fair Work Act for a longer duration, allowing the union more time to potentially negotiate with the employer.

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