v Qube Ports Pty Ltd T/A Qube Ports Summary

[2024] FWC 2331

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

(B2024/1111)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/887.

This matter concerns the declaration of the result of a protected action ballot PR777433 held in matter B2024/887 and declared on 9 August 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 2 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union filed an application with the Fair Work Commission under section 459(3) of the Fair Work Act 2009, seeking an extension of the 30-day period during which industrial action is authorised by a protected action ballot. The ballot in question, PR777433, was declared on 9 August 2024, and the union's application is to extend this period for eligible employees employed by Qube Ports Pty Ltd trading as Qube Ports. The employer, Qube Ports, did not object to the application.

The legal issue before the Deputy President was whether the conditions outlined in section 459(3) of the Fair Work Act were met, specifically whether the application was made within the stipulated timeframe and whether the period had not previously been extended. The union argued that the requirements were fulfilled, and the Deputy President was required to determine if the application should be granted.

After considering the application and the absence of any objections from Qube Ports, the Deputy President concluded that the union had met the statutory requirements. The Deputy President was satisfied that the application should be granted, resulting in an extension of the 30-day period by a further 30 days. Consequently, the Deputy President ordered that the extension would be effective from 2 September 2024.

The Deputy President ordered 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 was to operate from 2 September 2024.

v Qube Ports Pty Ltd T/A Qube Ports

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Background to the litigation

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