| [2023] FWC 1180 |
| 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
Tomago Aluminium Company Pty Limited
(B2023/470)
| VICE PRESIDENT CATANZARITI | SYDNEY, 18 MAY 2023 |
Application to extend the 30 day period in relation to B2023/310
On 17 May 2023, 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, PR760928 made on 5 April 2023. The Order applies to certain employees of Tomago Aluminium Company Pty Limited (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 21 April 2023. 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 20 May 2023.
On 17 May 2023, the Respondent neither consented nor objected to 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 20 May 2023, the extension period will operate from 20 May 2023.
An order has been separately issued in PR762034.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR762035>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Tomago Aluminium Company Pty Limited [2023] FWC 1180
- Case
- [2023] FWC 1180
- Decision Date
CaseChat Overview and Summary
The Commission noted that the Applicant had fulfilled the requirements of section 459 of the Act, and that the period had not been previously extended. The Commission was satisfied that the extension was appropriate, and that the extension period would operate from 20 May 2023, the date on which the 30 day period would have otherwise expired. The Commission separately issued an order in PR762034, which provided for the extension of the 30 day period for protected industrial action.
This decision highlights the importance of meeting the requirements of section 459 of the Act in order to extend the 30 day period for protected industrial action. The Commission found that the Applicant had met these requirements, and that the extension was appropriate in the circumstances of this case. The decision also highlights the role of the Commission in overseeing protected industrial action, and its power to extend the 30 day period in appropriate cases.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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