v Qube Ports Pty Ltd

[2024] FWC 3564

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

Construction, Forestry and Maritime Employees Union

Qube Ports Pty Ltd

(B2024/1659)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1427.

This matter concerns the declaration of the result of a protected action ballot PR780955 held in matter B2024/1427 and declared on 28 November 2024.

The Construction, Forestry and Maritime Employees 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.

Qube Ports Pty Ltd 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 20 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union has applied to the Fair Work Commission to extend the 30-day period within which industrial action can be taken by eligible employees following the declaration of a protected action ballot. The application relates to ballot PR780955, declared on 28 November 2024, in matter B2024/1427. Qube Ports Pty Ltd, the employer, has indicated it has no objections to the application.

The primary legal issue before the court was whether the requirements of section 459(3) of the Fair Work Act 2009 were met, which allows the Fair Work Commission to extend the 30-day period by up to an additional 30 days if certain conditions are satisfied. These conditions include that an application for the extension is made by an applicant for the protected action ballot order and that the period has not been previously extended. The Union's application contended that both these requirements had been met.

The Deputy President was satisfied that the application met the statutory requirements and granted the extension. The Union's application was made by an applicant for the protected action ballot order, and the period had not been previously extended. Additionally, the employer, Qube Ports Pty Ltd, had no objections to the application. Given these findings, the Deputy President ordered that the 30-day period for the commencement of protected industrial action by eligible employees be extended by a further 30 days, effective from 20 December 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established