Australian Municipal, Administrative, Clerical and Services Union v City of Whittlesea T/A Whittlesea City Council

[2023] FWC 2540

FAIR WORK COMMISSION

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
v

City of Whittlesea T/A Whittlesea City Council

(B2023/1040)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 3 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/853

This matter concerns the declaration of the result of a protected action ballot (PR765327) held in matter B2023/853 and declared on 4 September 2023.

The Australian Municipal, Administrative, Clerical and Services Union (ASU or Applicant) 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.

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.”

The application made by the ASU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

City of Whittlesea T/A Whittlesea City Council (Whittlesea City Council) has advised the Commission it does not object to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

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 ASU members employed by Whittlesea City Council be extended by a further 30 days.

This order will operate on and from 3 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union (ASU) has applied to the Fair Work Commission (FWC) for an extension of the 30-day period within which industrial action is authorised by a protected action ballot. The application is in relation to a ballot held in matter B2023/853, which was declared on 4 September 2023. The City of Whittlesea T/A Whittlesea City Council (Whittlesea City Council) has not objected to the application.

The legal issue before the FWC was whether the 30-day period in which industrial action can commence should be extended. The FWC must consider whether the application meets the requirements set out in section 459(3) of the Fair Work Act 2009. Section 459(3) provides that the FWC may extend the 30-day period if the applicant applies for the extension and the period has not previously been extended. The ASU has submitted that the requirements have been satisfied and that the period should be extended by a further 30 days.

The FWC Deputy President Hampton was satisfied that the requirements of the Act had been met and that the application should be granted. The Deputy President found that the ASU had applied for the extension and that the 30-day period had not previously been extended. The Whittlesea City Council did not object to the application. The Deputy President concluded that the application should be granted and ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days.

This order will operate from 3 October 2023. The FWC has granted the ASU's application and extended the 30-day period for the commencement of protected industrial action by a further 30 days.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established