v Qube Ports Pty Ltd

[2024] FWC 3562

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

(B2024/1657)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1428.

This matter concerns the declaration of the result of a protected action ballot PR780944 held in matter B2024/1428 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 matter before the Fair Work Commission concerns an application by the Construction, Forestry and Maritime Employees Union to extend the 30-day period for protected industrial action authorised by a ballot. The application arises from a dispute between the union and Qube Ports Pty Ltd. The union has sought an extension of the period under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the period by up to 30 days if certain conditions are met. Qube Ports Pty Ltd has expressed no objections to the application.

The legal issue before the Commission was whether the union's application met the statutory criteria for extending the period for protected industrial action. Specifically, the Commission had to determine if the union's application was made within the time limits prescribed by the Act, and whether the period in question had not previously been extended. Given that Qube Ports Pty Ltd did not oppose the application, the central issue was whether the union's application fulfilled the statutory requirements for an extension.

In granting the application, the Deputy President concluded that the union's application satisfied the statutory conditions for an extension under section 459(3) of the Fair Work Act. The union had applied for the extension within the prescribed timeframe, and there had been no prior extension of the period. Therefore, the Deputy President ordered that the 30-day period for protected industrial action be extended by an additional 30 days. This extension is effective from 20 December 2024, the date of the decision.

The final order of the Commission is that the 30-day period for the commencement of protected industrial action by eligible employees who were subject to the ballot and are employed by Qube Ports Pty Ltd is extended by a further 30 days, starting 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