v Qantas Airways Limited

[2024] FWC 2792

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

(B2024/1308)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1097.

This matter concerns the declaration of the result of a protected action ballot PR778702 held in matter B2024/1097 and declared on 11 September 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 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 Manufacturing Workers' Union (AMWU) has applied to the Fair Work Commission to extend the 30-day period during which industrial action is authorised by a protected action ballot held under matter B2024/1097. This matter is being heard in the Fair Work Commission in Adelaide. The application is made pursuant to section 459(3) of the Fair Work Act 2009, which allows for the extension of the 30-day period by up to 30 days under certain conditions. Qantas Airways Limited, the employer in question, has indicated that it has no objections to the application.

The primary legal issue before the Commission was whether the conditions set out in section 459(3) of the Act were met. The AMWU argued that the application for an extension should be granted as it satisfied the statutory requirements. Specifically, the application was made by the AMWU, who sought the extension within the relevant timeframe and the period had not previously been extended. Qantas Airways Limited did not oppose the application. The Commission needed to determine whether the application met the statutory criteria for an extension, which included the applicant being the same party that sought the initial ballot and the period not having been extended before.

The Deputy President of the Commission, Hampton, found that all the statutory conditions for an extension had been satisfied. The AMWU, as the applicant for the original ballot, was entitled to seek an extension under section 459(3) of the Act. Additionally, the 30-day period had not been extended previously, fulfilling another condition. The employer, Qantas Airways Limited, had no objections to the application. Therefore, the Deputy President concluded that the application should be granted, and the 30-day period for the commencement of protected industrial action was extended by a further 30 days.

In accordance with section 459(3) of the Fair Work Act 2009, the Fair Work Commission 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 Qantas Airways Limited be extended by a further 30 days. This order came into effect on 8 October 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established