Australian Rail, Tram and Bus Industry Union v Voestalpine Railway Systems Australia Pty Ltd
Deputy President Hampton
Not yet cited by other cases
Applicant: Australian Rail, Tram and Bus Industry Union
Respondent: Voestalpine Railway Systems Australia Pty Ltd
Ratio
The FWC has power under s.459(3) of the Fair Work Act 2009 to extend the 30-day period for commencing protected industrial action by up to a further 30 days where the applicant applies and the period has not previously been extended. The relevant requirements were met and the application was granted.
Outcome
For applicant
granted
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 4
- Protected action ballot PR782327 was held in matter B2024/1627 and declared on 27 December 2024
- The Australian Rail, Tram and Bus Industry Union applied pursuant to s.459(3) to extend the 30-day period for commencement of protected industrial action
- Voestalpine Railway Systems Australia Pty Ltd did not object to the application
- The order operates from 25 January 2025
Factors
For
- The applicant satisfied the requirements of s.459(3)(a) - an applicant for the protected action ballot order applied for the extension
- The applicant satisfied the requirement of s.459(3)(b) - the period had not previously been extended
- No objection was raised by the employer
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459
- Fair Work Act 2009 (Cth) s.459(3)
Concept tags · 2
Archived text (318 words)
1 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 v 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. [1] 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. [2] 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. [3] 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.” [4] The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days. [5] Voestalpine Railway Systems Australia Pty Ltd has not advised the Commission of any objection to this application. [6] I am satisfied that the relevant requirements of the Act have been met and that the application should be granted. [7] 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. [2025] FWC 228 DECISION [2025] FWC 228 2 [8] This order will operate on and from 25 January 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR783641>