v Qube Ports Pty Ltd

[2024] FWC 3559

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

(B2024/1655)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1429.

This matter concerns the declaration of the result of a protected action ballot PR780946 held in matter B2024/1429 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 Fair Work Commission heard an application by the Construction, Forestry and Maritime Employees Union to extend the 30-day period for industrial action authorised by a protected action ballot held in relation to Qube Ports Pty Ltd. The ballot, PR780946, was declared on 28 November 2024. The Union sought an extension under section 459(3) of the Fair Work Act 2009, which permits the Fair Work Commission to extend the 30-day period by up to 30 days if certain conditions are met, including that the period has not already been extended. Qube Ports Pty Ltd did not object to the application.

The legal issue before the Commission was whether the requirements of section 459(3) had been satisfied to warrant an extension. The Union argued that all necessary conditions were fulfilled and the period should be extended by a further 30 days. The Commission needed to determine if the application complied with the statutory criteria and whether the extension was warranted. After considering the application and the lack of objection from Qube Ports Pty Ltd, the Deputy President was satisfied that the application met the statutory requirements and granted the extension.

In its decision, the Commission found that the Union's application met the statutory criteria for an extension under section 459(3) of the Act. Given that Qube Ports Pty Ltd had no objection to the extension, the Deputy President granted the application. 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 is 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