| [2022] FWC 54 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Inpex Australia Pty Ltd
(B2022/8)
| VICE PRESIDENT CATANZARITI | SYDNEY, 14 JANUARY 2022 |
Application to extend the 30 day period in relation to B2021/1184
On 12 January 2022, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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, PR736551 made on 8 December 2021. The Order applies to certain employees of Inpex Australia Pty Ltd (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 20 December 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 18 January 2022.
On 13 January 2022, the Respondent advised the Commission via email that it does not oppose the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia’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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 18 January 2022, the extension period will operate from 18 January 2022.
An order has been separately issued in PR737485.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR737486>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Inpex Australia Pty Ltd [2022] FWC 54
- Case
- [2022] FWC 54
- Decision Date
CaseChat Overview and Summary
The legal issue for the Commission to determine was whether the union had met the requirements of section 459 of the Act to extend the period for protected action. The union had to demonstrate that it was the applicant for the protected action ballot order, and that the period had not previously been extended. Given the union had met these requirements, and the employer did not oppose the application, the Commission was satisfied that the union had met the requirements of the Act. The Commission decided to extend the 30-day period for protected action from 18 January 2022.
The Commission noted that the union had not previously sought to extend the period, and there were no other impediments to granting the extension. The Commission was satisfied that the extension was appropriate and would not cause any undue hardship or prejudice to the employer. The Commission made the order to extend the period for protected action as sought by the union. The extension was to operate from 18 January 2022, and an order was issued in PR737485.
Orders
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Background
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