v Qube Ports Pty Ltd T/A Qube Ports Summary

[2024] FWC 2799

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

(B2024/1314)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 9 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/948.

This matter concerns the declaration of the result of a protected action ballot PR777766 held in matter B2024/948 and declared on 6 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 5 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involves an application by the Construction, Forestry and Maritime Employees Union to extend the 30-day period within which industrial action can be authorised by a protected action ballot. This application is pursuant to section 459(3) of the Fair Work Act 2009 and relates to the protected action ballot PR777766, which was declared on 6 September 2024. The respondent in this matter is Qube Ports Pty Ltd trading as Qube Ports, which has not raised any objections to the application. The Deputy President of the Commission, Hampton, is presiding over the case, which was heard in Sydney on 9 October 2024.

The primary legal issue before the Commission was whether the application for an extension met the criteria set out in section 459(3) of the Act. Specifically, the Commission needed to determine if the application was made by an applicant for the protected action ballot order and if the period in question had not already been extended. The Commission had to consider whether the application met the statutory requirements to justify an extension of the 30-day period.

Upon reviewing the application and the relevant provisions of the Act, Deputy President Hampton concluded that the requirements for extending the 30-day period were satisfied. The Commission found that the Construction, Forestry and Maritime Employees Union had properly applied for the extension and that the period had not been previously extended. Given that Qube Ports Pty Ltd had not objected to the application, the Commission granted the requested extension. Consequently, 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 was extended by a further 30 days, effective from 5 October 2024.

v Qube Ports Pty Ltd T/A Qube Ports

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established