v Sydney Trains, NSW Trains Summary

[2024] FWC 2725

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Sydney Trains, NSW Trains

(B2024/1281)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 30 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/1117.

This matter concerns the declaration of the result of a protected action ballot PR778890 held in matter B2024/1117 and declared on 24 September 2024.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

The Employers, Sydney Trains and NSW Trains, 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 Employers be extended by a further 30 days.

This order will operate on and from 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period for protected industrial action, as authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009, in relation to a ballot declared on 24 September 2024. The respondents, Sydney Trains and NSW Trains, did not object to the application. The key issue before the Deputy President was whether the requirements of section 459(3) of the Act had been satisfied, which would entitle the applicant to extend the 30-day period for protected industrial action by an additional 30 days.

The Deputy President examined the statutory provisions and determined that all conditions under section 459(3) of the Act were met. The application for the extension was made by the applicant union, and the period had not previously been extended. Given that both conditions were satisfied and the respondents had no objection, the Deputy President concluded that the application should be granted. The extension would permit the eligible employees who participated in the ballot to commence protected industrial action within the extended period, starting from 30 September 2024.

Following the analysis, the Deputy President issued an order under section 459(3) of the Fair Work Act 2009, extending the 30-day period for the commencement of protected industrial action for eligible employees by an additional 30 days. The order took effect from 30 September 2024, allowing the union to proceed with the industrial action within the extended timeframe.

v Sydney Trains, NSW Trains

CaseChat Overview and Summary

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