| [2022] FWC 2468 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
Australian Education Union
v
Office of the Commissioner for Public Employment
(B2022/1357)
| VICE PRESIDENT CATANZARITI | SYDNEY, 15 SEPTEMBER 2022 |
Application to extend the 30 day period in relation to B2022/709
On 9 September 2022, the Australian Education Union (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, PR744058 made on 22 July 2022. The Order applies to certain employees of the Office of the Commissioner for Public Employment (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 11 August 2022. 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 expired at midnight on 9 September 2022.
On 14 September 2022, the Respondent advised the Commission via email that it does not oppose the Australian Education Union’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.
In addressing s.459(3) of the Act, this application is made by the Australian Education Union 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.
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 expired at midnight on 9 September 2022, the extension period will operate from 9 September 2022.
An order has been separately issued in PR745874.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR745875>
- AGLC
- Australian Education Union v Office of the Commissioner for Public Employment [2022] FWC 2468
- Case
- [2022] FWC 2468
- Decision Date
CaseChat Overview and Summary
The legal issue before the Commission was whether the 30 day period for protected action could be extended. The Commission noted that section 459(3) of the Fair Work Act 2009 provided that an application could be made for an extension, but that certain conditions must be met. The Commission was satisfied that the conditions were met and that an extension was appropriate.
The Commission determined that the 30 day period for protected action could be extended and that the extension would operate from 9 September 2022. An order was issued in PR745874. The Commission noted that the Office of the Commissioner for Public Employment did not oppose the application and that the 30 day period had not previously been extended. The Commission also noted that the application was made by the Australian Education Union, the Applicant for which the protected action ballot order was issued.
The Fair Work Commission determined that the 30 day period for protected action authorised by a protected action ballot order could be extended. The extension would operate from 9 September 2022. An order was issued in PR745874. The Commission noted that the Office of the Commissioner for Public Employment did not oppose the application and that the 30 day period had not previously been extended. The Commission also noted that the application was made by the Australian Education Union, the Applicant for which the protected action ballot order was issued.
Orders
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Background
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Evidence
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Decision
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