v Sydney Trains T/A Sydney Trains, NSW Trains T/A NSW Trainlink

[2024] FWC 2592

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

Australian Rail, Tram and Bus Industry Union

Sydney Trains T/A Sydney Trains, NSW Trains T/A NSW Trainlink

(B2024/1235)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/914.

This matter concerns the declaration of the result of a protected action ballot PR777756 held in matter B2024/914 and declared on 26 August 2024.

The Australian Rail, Tram and Bus Industry 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.

Sydney Trains trading as Sydney Trains and NSW Trains trading as NSW Trainlink has advised the Commission it has 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 19 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application from the Australian Rail, Tram and Bus Industry Union to extend the 30-day period in which industrial action was authorised by a protected action ballot. The relevant ballot, PR777756, was declared on 26 August 2024. Sydney Trains and NSW Trains did not object to the application. The application was made pursuant to section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period if certain conditions are met.

The legal issue before the Commission was whether the application met the requirements of section 459(3) of the Act. Specifically, the Commission had to determine if the applicant for the protected action ballot order applied to the Commission for the period to be extended and if the period had not previously been extended. The application contended that both requirements were satisfied.

In considering the application, the Commission noted that the Australian Rail, Tram and Bus Industry Union had applied to extend the 30-day period and that the period had not been previously extended. The Commission was satisfied that the requirements of section 459(3) of the Act had been met and that the application should be granted.

Accordingly, the Commission 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 Sydney Trains or NSW Trains be extended by a further 30 days. This order will operate from 19 September 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established