Australian Workers' Union v Woodside Energy Limited

[2023] FWC 2284

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

Woodside Energy Limited

(B2023/953)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 7 SEPTEMBER 2023

Application to extend the 30 day period in relation to B2023/742

This matter concerns the declaration of the result of a protected action ballot (PR764555) held in matter B2023/742 and declared on 9 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.

Woodside Energy Limited (Woodside Energy) 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 Woodside Energy be extended by a further 30 days.

This order will operate on and from 7 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Australian Workers' Union v Woodside Energy Limited involves an application by the Australian Workers' Union (AWU) to extend the 30-day period in which industrial action is authorised by a protected action ballot. This application was made to the Fair Work Commission (FWC) under section 459(3) of the Fair Work Act 2009. The application pertains to a ballot held in relation to matter B2023/742, the result of which was declared on 9 August 2023. The AWU sought to extend this 30-day period by an additional 30 days, arguing that all conditions stipulated in the Act were satisfied. Woodside Energy Limited, the employer in question, did not oppose the application.

The primary legal issue before the court was whether the AWU's application met the statutory criteria for extending the 30-day period, as outlined in section 459(3) of the Fair Work Act. The court had to determine if the AWU had correctly applied for the extension, and if the period had not been previously extended, thus satisfying the requirements for the application to be granted.

The Deputy President of the Fair Work Commission, Hampton, examined the application and found that all necessary conditions were fulfilled. Given that Woodside Energy Limited did not object to the application, the court was satisfied with the AWU's compliance with the statutory requirements. Consequently, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible AWU members employed by Woodside Energy be extended by an additional 30 days, effective from 7 September 2023. This decision was based on the clear compliance with the legislative provisions and the lack of opposition from Woodside Energy Limited.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established