v Qantas Airways Limited Summary

[2024] FWC 2681

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

(B2024/1268)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 26 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/1033.

This matter concerns the declaration of the result of a protected action ballot PR778347 held in matter B2024/1033 and declared on 30 August 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 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 26 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied to the Fair Work Commission for an extension of the 30-day period in which industrial action could be authorised by a protected action ballot held in relation to Qantas Airways Limited. The application sought to extend the authorisation period by an additional 30 days, as permitted under section 459(3) of the Fair Work Act 2009. The application was made in relation to a ballot that had been declared on 30 August 2024 and covered eligible employees of Qantas Airways Limited who were subject to the ballot. Qantas Airways Limited did not oppose the application.

The central legal issue for the Deputy President to decide was whether the application met the statutory criteria for an extension of the 30-day period. Specifically, the Court had to determine whether the applicant had applied for the extension, and whether the period had not previously been extended. Section 459(3) of the Fair Work Act 2009 sets out the conditions that must be satisfied for such an extension. The Deputy President found that both conditions were met. The application was made by the Union, and there was no evidence that the period had already been extended.

In granting the application, the Deputy President found that the Union had satisfied the statutory criteria for an extension of the 30-day period. The application was made within the statutory timeframe, and there was no indication that the period had previously been extended. Therefore, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees employed by Qantas Airways Limited be extended by a further 30 days, commencing on 26 September 2024. This decision was made in accordance with the statutory powers granted to the Fair Work Commission under section 459(3) of the Fair Work Act 2009.

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