v Qube Ports Pty Ltd Summary

[2024] FWC 3560

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

(B2024/1656)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1430.

This matter concerns the declaration of the result of a protected action ballot PR780942 held in matter B2024/1430 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 (CF&MEU) filed an application with the Fair Work Commission (FWC) seeking an extension to the 30-day period during which industrial action could be authorised by a protected action ballot, specifically concerning PR780942 in matter B2024/1430. The application was made pursuant to section 459(3) of the Fair Work Act 2009, which allows the FWC to extend the 30-day period by up to an additional 30 days if certain conditions are met. Qube Ports Pty Ltd did not object to the application.

The primary legal issue before the FWC was whether the CF&MEU had fulfilled the conditions outlined in section 459(3) of the Act to warrant an extension of the 30-day period. This required the court to consider whether the applicant had applied for the extension and whether the period had not already been extended previously. The CF&MEU argued that both conditions were met and, as such, the period should be extended by a further 30 days. Qube Ports Pty Ltd's lack of objection was noted by the Commission.

After reviewing the application and the relevant statutory provisions, the Deputy President found that the CF&MEU had met all the necessary conditions for the extension. The court was satisfied that the application complied with the requirements of the Act and granted the application. Consequently, the 30-day period for the commencement of protected industrial action for eligible employees who participated in the ballot and were employed by Qube Ports Pty Ltd was extended by an additional 30 days, effective from 20 December 2024.

v Qube Ports Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established