v Ventia Australia Pty Ltd Summary

[2024] FWC 3461

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

Transport Workers' Union of Australia

Ventia Australia Pty Ltd

(B2024/1630)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 12 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1318.

This matter concerns the declaration of the result of a protected action ballot PR780129 held in matter B2024/1318 and declared on 25 October 2024.

The Transport Workers' 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.

Ventia Australia Pty Ltd 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 12 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia has made an application to the Fair Work Commission under section 459(3) of the Fair Work Act 2009, seeking an extension of the 30-day period within which industrial action can be authorised by a protected action ballot. This application is in relation to the protected action ballot PR780129, which was held in matter B2024/1318 and declared on 25 October 2024. Ventia Australia Pty Ltd has not opposed the application.

The legal issue before the Commission was whether the Transport Workers' Union of Australia had satisfied the requirements of section 459(3) of the Act, which allows for the extension of the 30-day period if an applicant for the protected action ballot order applies to the Commission for the period to be extended and if the period has not previously been extended. The Union argued that it had met these requirements and, as a result, the period should be extended by a further 30 days.

The Deputy President was satisfied that the Union had met the requirements of the Act and, accordingly, the application was granted. The Deputy President 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 the Employer be extended by a further 30 days. This order will operate from 12 December 2024.

The final orders of the Commission were 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, effective from 12 December 2024.

v Ventia Australia Pty Ltd

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