v T-Ports Pty Ltd

[2025] FWC 589

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 Institute of Marine and Power Engineers, Construction, Forestry and Maritime Employees Union, and Australian Maritime Officers' Union

T-Ports Pty Ltd

(B2025/292)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 26 FEBRUARY 2025

Application to extend the 30 day period in relation to B2025/44.

This matter concerns the declaration of the result of a protected action ballot PR783257 held in matter B2025/44 and declared on 3 February 2025.

The Australian Institute of Marine and Power Engineers, Construction, Forestry and Maritime Employees Union, and Australian Maritime Officers' Union have made a joint 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.

T-Ports Pty Ltd 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 4 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Australian Institute of Marine and Power Engineers, Construction, Forestry and Maritime Employees Union, and the Australian Maritime Officers' Union to extend the 30-day period in which industrial action was authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009, which allows for the extension of the period if certain conditions are satisfied. The unions argued that the requirements for an extension had been met and sought an additional 30-day period for the commencement of protected industrial action by eligible employees. T-Ports Pty Ltd did not object to the application.

The primary legal issue before the Commission was whether the unions had fulfilled the statutory criteria for extending the 30-day period. The Commission needed to determine if the application was made by an applicant for the protected action ballot order, and if the period had not previously been extended. The unions submitted that they had met these requirements and that there were valid reasons for the extension. T-Ports Pty Ltd did not present any arguments against the application.

Upon reviewing the application and the relevant provisions of the Fair Work Act, the Deputy President concluded that the unions had indeed met the statutory criteria. The application was made by the unions, who were the applicants for the protected action ballot order, and the 30-day period had not been extended previously. Given these findings, the Deputy President determined that the application should be granted. Consequently, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, commencing from 4 March 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established