v Qube Ports Pty Ltd T/A Qube Ports

[2024] FWC 2798

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

(B2024/1312)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1056.

This matter concerns the declaration of the result of a protected action ballot PR778719 held in matter B2024/1056 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

The Construction, Forestry and Maritime Employees Union sought an extension of the 30-day period during which industrial action is authorised by a protected action ballot, held in matter B2024/1056, against Qube Ports Pty Ltd trading as Qube Ports. The matter was heard by the Fair Work Commission under the Fair Work Act 2009, and the application was made pursuant to s.459(3) of the Act. The applicant argued that the 30-day period should be extended by an additional 30 days, citing the relevant statutory criteria.

The primary legal issue before the Deputy President was whether the requirements set out in section 459(3) of the Fair Work Act 2009 had been fulfilled, thereby justifying an extension of the 30-day period for the commencement of protected industrial action. The Deputy President noted that the applicant had met all the conditions stipulated in the statute, including the fact that the initial 30-day period had not previously been extended. Furthermore, the employer, Qube Ports Pty Ltd, had not lodged any objections to the application. Given these factors, the Deputy President concluded that the application should be granted.

In light of the findings, the Deputy President ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days. This order took effect from 8 October 2024, thereby providing additional time for the union to commence industrial action if deemed necessary. This decision underscores the importance of adherence to the statutory requirements when seeking extensions under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established