Australian Municipal, Administrative, Clerical and Services Union v Moira Shire Council

[2024] FWC 66

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

Moira Shire Council

(B2024/18)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 11 JANUARY 2024

Application to extend the 30 day period in relation to B2023/1295

This matter concerns the declaration of the result of a protected action ballot (PR768699) held in matter B2023/1295 and declared on 12 December 2023.

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

Moira Shire Council has advised the Commission it has no objection 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 Moira Shire Council be extended by a further 30 days.

This order will operate on and from 11 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Municipal, Administrative, Clerical and Services Union (ASU) applied for an extension to the 30-day period during which industrial action is authorised by a protected action ballot held in relation to matter B2023/1295. The application was made against the Moira Shire Council under section 459(3) of the Fair Work Act 2009. The application sought to extend the authorised period for industrial action beyond the standard 30 days, in compliance with the statutory provisions allowing for such extensions.

The legal issue for the Commission to determine was whether the conditions outlined in section 459(3) of the Act were satisfied, specifically if the application was made by an applicant for the protected action ballot order, and if the period had not been previously extended. The ASU argued that both conditions were met, and therefore, the period should be extended by an additional 30 days. The Moira Shire Council did not object to the application. The Deputy President found that the statutory conditions were fulfilled, and thus, the application was granted.

The Deputy President concluded that the requirements of the Act were met, and the application by the ASU should be granted. The 30-day period for the commencement of protected industrial action for eligible ASU members employed by the Moira Shire Council was extended by a further 30 days from the date of the decision, which was 11 January 2024. This decision was based on the fulfilment of the statutory conditions and the lack of objection from the Moira Shire Council. The order extended the authorised period for industrial action as requested by the ASU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established