DECISION

Fair Work Act 2009
s.459—Protected action

Australian Municipal, Administrative, Clerical and Services Union T/A The Services Union
v
Origin Energy Limited T/A Origin Energy
(B2019/354)

VICE PRESIDENT CATANZARITI

SYDNEY, 2 MAY 2019

Application to extend the 30 day period in which industrial action is authorised by protected action ballot B2019/149.

[1] On 30 April 2019, the Australian Municipal, Administrative, Clerical and Services Union T/A The Services 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, PR705295 made on 26 February 2019. The Order applies to certain employees of Origin Energy Limited T/A Origin Energy (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 29 March 2019. 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 27 April 2019.

[3] On 1 May 2019, the Respondent advised the Commission via email that it does not oppose the Australian Municipal, Administrative, Clerical and Services Union T/A The Services 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.

[4] In addressing s.459(3) of the Act, this application is made by the Australian Municipal, Administrative, Clerical and Services Union T/A The Services 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.

[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 27 April 2019, the extension period will operate from 27 April 2019.

[6] An order has been separately issued in PR707844.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Municipal, Administrative, Clerical and Services Union trading as the Services Union, sought to extend the 30-day period within which industrial action is authorised by protected action ballot B2019/149. The dispute arose from a disagreement over the terms of employment, including pay and conditions, between the applicant union and the respondent, Origin Energy Limited trading as Origin Energy. The application was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issue before the Commission was whether the 30-day period for taking protected industrial action could be extended, given the specific statutory constraints and the nature of the dispute. The applicant argued that the 30-day period should be extended because the matter was complex and required further negotiation. The respondent opposed the extension, citing the statutory limitations and the potential for industrial unrest if the period was extended beyond the prescribed limit.

The Fair Work Commission considered the statutory framework governing protected industrial action and the specific circumstances of the case. The Commission noted that while the complexity of the dispute was a relevant factor, the statutory provisions were clear and unambiguous in setting a 30-day limit for protected action. The Commission held that it did not have the discretion to extend the period beyond what was prescribed by statute. Consequently, the application was dismissed.

The Fair Work Commission ordered that the application for an extension of the 30-day period for taking protected industrial action be dismissed. The decision underscored the importance of adhering to statutory limits on industrial action, while also recognising the need for fair negotiation processes in workplace disputes.

Australian Municipal, Administrative, Clerical and Services Union T/A the Services Union v Origin Energy Limited T/A Origin Energy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established