Australian Federation of Air Pilots v Express Freighters Australia (Operations) Pty Ltd
Deputy President Hampton
Not yet cited by other cases
Applicant: Australian Federation of Air Pilots
Respondent: Express Freighters Australia (Operations) Pty Ltd
Ratio
The FWC has power under s.459(3) of the Fair Work Act 2009 to extend the 30-day period in which industrial action is authorised by protected action ballot where the applicant applies for extension and the period has not previously been extended. The statutory requirements were satisfied and the respondent did not object.
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 PR787977 was declared on 25 June 2025 in matter B2025/891
- The Australian Federation of Air Pilots applied to extend the 30-day period for commencement of protected industrial action
- Express Freighters Australia (Operations) Pty Ltd advised it had no objection to the application
- The extension sought was for a further 30 days from the expiry of the original 30 days
Factors
For
- Statutory requirements of s.459(3) were satisfied
- Respondent advised it had no objection to the application
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
- Fair Work Act 2009 (Cth) s.459(1)(d)(i)
Concept tags · 2
Principles · 1
articulates para 3
The FWC may extend the 30-day period in which industrial action is authorised by protected action ballot by up to 30 days where: (a) an applicant for the protected action ballot order applies to the FWC for extension; and (b) the period has not previously been extended.
Archived text (322 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 Federation of Air Pilots v Express Freighters Australia (Operations) Pty Ltd (B2025/1155) DEPUTY PRESIDENT HAMPTON ADELAIDE, 18 JULY 2025 Application to extend the 30 day period in relation to B2025/891. [1] This matter concerns the declaration of the result of a protected action ballot PR787977 held in matter B2025/891 and declared on 25 June 2025. [2] The Australian Federation of Air Pilots 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 from the expiry of the original 30 days. [5] Express Freighters Australia (Operations) Pty Ltd has advised the Commission it has no 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 2101 DECISION [2025] FWC 2101 2 [8] This order will operate on and from 25 July 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR789821>