v Ventia Australia Pty Ltd Summary

[2024] FWC 1846

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

(B2024/876)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 12 JULY 2024

Application to extend the 30 day period in relation to B2024/731.

This matter concerns the declaration of the result of a protected action ballot PR775760 held in matter B2024/731 and declared on 18 June 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 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Transport Workers' Union of Australia versus Ventia Australia Pty Ltd, the Fair Work Commission was tasked with determining an application to extend the authorised period for industrial action under the Fair Work Act 2009. The application was made by the Transport Workers' Union of Australia in relation to a protected action ballot, PR775760, which was declared on 18 June 2024. The Union sought to extend the 30-day period within which industrial action could be taken, as authorised by the ballot, by an additional 30 days. Ventia Australia Pty Ltd did not oppose the application.

The legal issue before the Deputy President was whether the conditions stipulated in section 459(3) of the Fair Work Act 2009 were satisfied to permit an extension of the 30-day period. Section 459(3) allows for an extension if the applicant for the protected action ballot applies for the extension and if the period has not already been extended. The Union argued that both conditions were fulfilled and that the period should be extended by an additional 30 days. The Deputy President reviewed the application and determined that the Union had met the requirements set out in the Act. Consequently, 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 extension took effect from 12 July 2024. The decision was made in accordance with section 459(3) of the Act, and the application was approved due to the Union meeting the statutory criteria for the extension.

v Ventia Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established