v Qantas Airways Limited Summary

[2024] FWC 2705

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

(B2024/1273)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 27 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/1034

This matter concerns the declaration of the result of a protected action ballot PR778348 held in matter B2024/1034 and declared on 30 August 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 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 27 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers' Union sought an extension of the 30-day period for protected industrial action authorised by a ballot, in relation to a dispute with Qantas Airways Limited. The dispute concerns the result of a protected action ballot held and declared on 30 August 2024, as part of matter B2024/1034. The Union applied to extend the 30-day period under section 459(3) of the Fair Work Act 2009, which allows for an extension if the period has not already been extended and the applicant for the ballot applies for the extension. Qantas Airways Limited did not object to the application.

The legal issue before the Deputy President was whether the requirements for extending the 30-day period under section 459(3) of the Act had been met. The Union argued that it had applied for the extension and that the period had not been previously extended, thereby satisfying both conditions of the Act. Qantas Airways Limited did not contest these points. The Deputy President found that the application met the statutory requirements, and therefore, the 30-day period should be extended by a further 30 days.

Consequently, the Deputy President granted the application and ordered that the 30-day period for the commencement of protected industrial action be extended by an additional 30 days, effective from 27 September 2024. This decision allows the eligible employees who participated in the ballot and are employed by Qantas to continue the protected action under the extended timeframe.

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