Australian Workers' Union v Chevron Australia Pty Ltd

[2023] FWC 2442

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 Workers' Union
v

Chevron Australia Pty Ltd

(B2023/993)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 SEPTEMBER 2023

Application to extend the 30 day period in relation to B2023/815

This matter concerns the declaration of the result of a protected action ballot (PR765002) held in matter B2023/815 and declared on 24 August 2023.

The Australian Workers’ Union (AWU 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 AWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Chevron Australia Pty Ltd (Chevron) 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 AWU members employed by Chevron be extended by a further 30 days.

This order will operate on and from 20 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) filed an application with the Fair Work Commission (FWC) seeking an extension of the 30-day period for protected industrial action as authorised by a ballot held among its members. The application was in relation to industrial action against Chevron Australia Pty Ltd, as part of matter B2023/815. The AWU sought the extension under section 459(3) of the Fair Work Act 2009, which allows for the extension of the 30-day period if certain conditions are met, including that the period has not previously been extended. Chevron did not object to the application. The Deputy President of the FWC was required to determine whether the AWU's application met the statutory criteria and whether the extension should be granted.

The Deputy President considered the statutory requirements and the application made by the AWU. Section 459(3) of the Act specifies that the FWC may extend the 30-day period for the commencement of industrial action if the applicant has applied for the extension and the period has not been previously extended. The AWU's application satisfied these conditions, and Chevron's lack of objection further supported the application. The Deputy President concluded that the requirements of the Act were met and that the extension should be granted. This decision was based on the explicit terms of the Act and the absence of any objections from Chevron.

The Deputy President granted the AWU's application, extending the 30-day period for the commencement of protected industrial action by an additional 30 days. The extension was to commence on 20 September 2023, the date of the decision. This decision was made under the authority of the Commonwealth Government Printer, as documented in the printed record of the decision PR766454. The extension now allows eligible AWU members employed by Chevron to undertake industrial action within the extended period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established