v Qube Ports Pty Ltd T/A Qube Ports

[2024] FWC 2801

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 T/A Qube Ports

(B2024/1313)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1058.

This matter concerns the declaration of the result of a protected action ballot PR778720 held in matter B2024/1058 and declared on 11 September 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 trading as Qube Ports 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 8 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Construction, Forestry and Maritime Employees Union v Qube Ports Pty Ltd T/A Qube Ports, the Fair Work Commission considered an application by the Union to extend the 30-day period in which industrial action could be authorised by a protected action ballot. The Commission was asked to determine whether the application met the requirements under section 459(3) of the Fair Work Act 2009, which permits an extension of the period if certain conditions are met. The company, Qube Ports Pty Ltd, did not object to the application.

The legal issue before the Commission was whether the Union's application satisfied the criteria for an extension under section 459(3) of the Act. Specifically, the Commission needed to confirm that the application was made by an applicant for the protected action ballot order and that the period had not been previously extended. The Union argued that both conditions were met, and therefore the 30-day period should be extended by a further 30 days.

The Deputy President concluded that the Union's application fulfilled the statutory requirements. Since Qube Ports Pty Ltd did not object to the application, the Deputy President was satisfied that the requirements of section 459(3) had been met. Consequently, the application was granted, and the 30-day period for the commencement of protected industrial action was extended by an additional 30 days from the date of the decision, 8 October 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established