Australian Municipal, Administrative, Clerical and Services Union v Stanwell Corporation Limited Summary

[2022] FWC 1893

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Australian Municipal, Administrative, Clerical and Services Union

Stanwell Corporation Limited

(B2022/687)

VICE PRESIDENT CATANZARITI

SYDNEY, 19 JULY 2022

Application to extend the 30 day period in relation to B2022/352

On 14 July 2022, the Australian Municipal, Administrative, Clerical and 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, PR741255 made on 5 May 2022. The Order applies to certain employees of Stanwell Corporation Limited (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 16 June 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 15 July 2022.

On 19 July 2022, the Respondent advised the Commission via email that it does not oppose the Australian Municipal, Administrative, Clerical and 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.

In addressing s.459(3) of the Act, this application is made by the Australian Municipal, Administrative, Clerical and 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.

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 15 July 2022, the extension period will operate from 15 July 2022.

An order has been separately issued in PR743944.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application by the Australian Municipal, Administrative, Clerical and Services Union (the Applicant) to extend the 30-day period for protected action authorised by a protected action ballot order. The ballot order was made on 5 May 2022, and applied to certain employees of Stanwell Corporation Limited (the Respondent). The ballot results were declared on 16 June 2022, and the 30-day period for protected action expired on 15 July 2022. The Respondent did not oppose the application for an extension.

The central legal issue before the Commission was whether the 30-day period for protected action could be extended under section 459(3) of the Fair Work Act 2009. The Act allows for an extension if certain conditions are met, including that the period has not already been extended. The Commission needed to determine if the Applicant had met these requirements. The Respondent did not object to the extension, which simplified the decision-making process.

The Commission found that the Applicant had met all the necessary requirements for an extension under section 459(3) of the Act. The 30-day period had not been previously extended, and all other conditions were satisfied based on the material presented. Therefore, the Commission granted the application for an extension. The extended period would commence from the expiration of the initial 30-day period, which was midnight on 15 July 2022. This decision was issued as a separate order, PR743944.

Australian Municipal, Administrative, Clerical and Services Union v Stanwell Corporation Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established