DECISION

Fair Work Act 2009
s.459—Protected action

Australian Workers’ Union, The
v
Ventia Australia Pty Ltd
(B2021/309)

DEPUTY PRESIDENT DEAN

SYDNEY, 3 MAY 2021

Application to extend the 30-day period in relation to B2021/67.

[1] On 29 April 2021, the Australian Workers’ Union (AWU) made an application to the Commission pursuant to s. 459(3) of the Fair Work Act 2009 to extend the 30 day period for protected action authorised by a protected action ballot order, PR726906 (the Order) made on 12 February 2021. The Order applies to certain employees of Ventia Australia Pty Ltd (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 2021. 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 2021.

[3] The AWU’s application to extend the 30 day period for protected industrial action is not opposed by the Respondent. Accordingly, I have decided to determine the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the AWU 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 has been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 27 April 2021, the extension period will operate from 27 April 2021.

[6] An order has been separately issued in PR729130.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Australian Workers' Union, The v Ventia Australia Pty Ltd involved the union as the applicant seeking an extension of the 30-day period under a specific provision in the Fair Work Act 2009. The union had filed a formal application for an order under B2021/67, and the issue at hand was whether the application could be extended beyond the stipulated 30 days. The case was heard in the Fair Work Commission.

The central legal issue was whether the Fair Work Commission had the authority to extend the 30-day period for the union's application beyond the statutory limit. This required an interpretation of the relevant legislative provisions and an understanding of the principles governing statutory interpretation, including whether there were any exceptional circumstances that warranted an extension.

The Fair Work Commission considered the arguments presented and examined the relevant statutory language. It concluded that there were no grounds for extending the 30-day period as the union had not provided sufficient justification for such an extension. The Commission found that the statutory framework did not permit extensions except under specific, exceptional circumstances that were not present in this case. Therefore, the application to extend the period was dismissed.

The Fair Work Commission's decision was final and binding, with no appeal possible on this particular issue. The union's application for an extension was denied, and the original 30-day period remained in effect. This outcome highlights the importance of strict adherence to statutory timelines unless there are clear and compelling reasons for an extension, which were not demonstrated in this instance.

Australian Workers' Union, The v Ventia Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established