v Voestalpine Railway Systems Australia Pty Ltd

[2025] FWC 228

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

Voestalpine Railway Systems Australia Pty Ltd

(B2025/155)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1627.

This matter concerns the declaration of the result of a protected action ballot PR782327 held in matter B2024/1627 and declared on 27 December 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.

Voestalpine Railway Systems Australia 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 25 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Australian Rail, Tram and Bus Industry Union to extend the period in which industrial action was authorised by a protected action ballot. The applicant sought an extension of the 30-day period specified under section 459(3) of the Fair Work Act 2009. The application was made in relation to a ballot held and declared on 27 December 2024, and the respondent, Voestalpine Railway Systems Australia Pty Ltd, did not object to the application. The central legal issue was whether the Commission was authorised to extend the 30-day period, as provided by the Act, and if all conditions precedent to such an extension were met.

The Deputy President considered the statutory provision and the application, noting that the relevant conditions under section 459(3) of the Act had been satisfied. The applicant had applied for an extension within the permitted timeframe and the period had not been extended previously. Given that the respondent did not object, the Deputy President concluded that the application met the statutory criteria for an extension. Therefore, the application was granted, and the 30-day period for the commencement of protected industrial action was extended by a further 30 days. This extension was to take effect from 25 January 2025.

In accordance with section 459(3) of the Fair Work Act 2009, the Commission ordered that the 30-day period for the commencement of protected industrial action for eligible employees subject to the ballot and employed by the respondent be extended by a further 30 days. The extension was set to commence on 25 January 2025. The decision effectively allowed the union to continue to organise and conduct industrial action, subject to the terms of the ballot and the Act, for an additional 30 days beyond the initial period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established