Australian Municipal, Administrative, Clerical and Services Union

[2010] FWA 9837

[2010] FWA 9837

FAIR WORK AUSTRALIA

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 Municipal, Administrative, Clerical and Services Union
(B2010/3731)

DEPUTY PRESIDENT BARTEL ADELAIDE, 20 DECEMBER 2010

[1] On 14 December 2010 the Australian Municipal, Administrative, Clerical and Services Union (ASU) made verbal application pursuant to s.459 of the Fair Work Act 2009 (the Act) to extend the 30 day period in which industrial action is authorised by the protection ballot order made on 18 October 2010. 1 The application was made with the consent of the employer, Pelican Point Power Limited (PPP) and was approved on transcript on that day.

[2] Also with the consent of the ASU and PPP, I determined that the ASU is required to provide five (5) working days written notice of any industrial action that commences during the extension period. This reflects the terms of the 18 October protected action ballot order, however it is arguable that a subsequent order to suspend industrial action 2 had the effect of reverting to the ‘default’ notice requirement of 3 working days in accordance with s.330 of the Act. The circumstances in which the position on the suspension and the extended notice requirements were agreed between the parties is set out in the transcript of 14 December.

DEPUTY PRESIDENT

 1   [2010] FWA 7739 and PR502831

 2   [2010] FWA 8666

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