Australian Workers' Union v Chevron Australia Pty Ltd Summary

[2023] FWC 2412

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

(B2023/991)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 SEPTEMBER 2023

Application to extend the 30 day period in relation to B2023/814

This matter concerns the declaration of the result of a protected action ballot (PR764995) held in matter B2023/814 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 19 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, led by Deputy President Hampton, dealt with an application from the Australian Workers’ Union (AWU) against Chevron Australia Pty Ltd. The AWU sought an extension of the 30-day period during which industrial action could be authorised by a protected action ballot, as declared on 24 August 2023. This application was made under section 459(3) of the Fair Work Act 2009. Chevron did not object to the application, leading to a straightforward consideration of the AWU’s request.

The primary legal issue before the Commission was whether the AWU’s application met the statutory criteria for extending the authorisation period for industrial action. Under section 459(3) of the Act, the Commission has the authority to extend the 30-day period if the applicant for the protected action ballot order applies for the extension and if the period has not already been extended. The AWU argued that both conditions were satisfied, and the Commission needed to determine the validity of this assertion.

Upon reviewing the application and the relevant statutory provisions, Deputy President Hampton concluded that the AWU had fulfilled the necessary conditions for an extension. The Commission found no previous extension had been made, and the AWU had properly applied for the extension within the required timeframe. Consequently, the Deputy President granted the application, extending the 30-day period by an additional 30 days. This decision was made in light of Chevron’s non-objection and the AWU’s compliance with the statutory requirements.

The final order granted by the Deputy President was 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, effective from 19 September 2023. This ruling allows the AWU additional time to organise and implement any authorised industrial action, provided it adheres to the extended timeline set out in the Fair Work Act.

Australian Workers' Union v Chevron Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established