DECISION

Fair Work Act 2009
s.459—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
ACT Government as represented by Transport Canberra and City Services Directorate T/A ACTION (Australian Capital Territory Internal Omnibus Network)
(B2018/140)

Application to extend the 30-day period in relation to B2018/33.

[1] On 2 March 2018, the AMWU (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR599620, (the Order) made on 17 January 2018. The Order applies to employees of the Australian Capital Territory Internal Omnibus Network (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 6 February 2018. Pursuant to s. 459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expires at midnight on 7 March 2018.

[3] On 6 March 2018, the Respondent advised the Commission via email that it does not oppose the AMWU’s application to extend the 30 day period for protected industrial action.

Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the AMWU who is the applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

[5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 7 March 2018, the extension period will operate from 7 March 2018.

[6] An order has been separately issued in PR600940.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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