v Qantas Airways Limited Summary

[2024] FWC 2678

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

(B2024/1269)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 26 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/1032.

This matter concerns the declaration of the result of a protected action ballot PR778365 held in matter B2024/1032 and declared on 30 August 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 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 Australian Manufacturing Workers' Union (AMWU) has applied to the Fair Work Commission (FWC) for an extension of the 30-day period during which industrial action can be authorised by a protected action ballot. The application concerns the declaration of the result of a protected action ballot held in relation to Qantas Airways Limited. The AMWU seeks an extension under section 459(3) of the Fair Work Act 2009. Qantas Airways Limited has not opposed the application.

The key legal issue before the Deputy President was whether the AMWU had satisfied the statutory requirements to extend the 30-day period during which industrial action can be authorised. Section 459(3) of the Act provides that the FWC may extend the 30-day period if an applicant for the protected action ballot applies for the extension and if the period has not previously been extended. The AMWU contended that both requirements had been met and that the period should be extended by a further 30 days.

The Deputy President found that the AMWU had satisfied the requirements of the Act to extend the 30-day period. The AMWU had applied for the extension and the period had not previously been extended. The Deputy President was therefore satisfied that the application should be granted. Accordingly, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, to commence on 26 September 2024.

No further orders were made. The extension of the 30-day period is the sole order of the Deputy President.

v Qantas Airways Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established