v Sydney Trains and NSW Trains Summary

[2024] FWC 2602

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

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

Sydney Trains and NSW Trains

(B2024/1237)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/1010.

This matter concerns the declaration of the result of a protected action ballot PR778143 held in matter B2024/1010 and declared on 30 August 2024.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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.

Sydney Trains and NSW Trains trading as NSW TrainLink have advised the Commission they have 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 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has considered an application by the Australian Manufacturing Workers' Union (AMWU) to extend the 30-day period during which industrial action is authorised by a protected action ballot. The application pertains to a ballot held in matter B2024/1010, which was declared on 30 August 2024. Sydney Trains and NSW Trains, trading as NSW TrainLink, have indicated that they do not oppose the application. The AMWU seeks an extension of this period under section 459(3) of the Fair Work Act 2009, which permits such an extension if the applicant applies to the FWC and if the period has not already been extended.

The legal issue before the Commission was whether the application met the statutory requirements for an extension under section 459(3) of the Act. The Commission needed to determine if the AMWU's application was timely and if the period in question had not already been extended. Given the statutory conditions were met and the absence of opposition from Sydney Trains and NSW Trains, the Commission concluded that the application should be granted.

The Deputy President found that the AMWU had met all the requirements for an extension of the 30-day period, and there was no objection from the employer. Therefore, the application was approved, and the 30-day period for the commencement of protected industrial action for eligible employees was extended by a further 30 days. This extension is effective from 20 September 2024.

v Sydney Trains and NSW Trains

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established