| [2022] FWC 3250 |
| 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
UGL Resources (Contracting) Pty Ltd
(B2022/1816)
| VICE PRESIDENT CATANZARITI | SYDNEY, 9 DECEMBER 2022 |
Application to extend the 30 day period in relation to B2022/1666
On 7 December 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, PR747693 made on 7 November 2022. The Order applies to certain employees of UGL Resources (Contracting) 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 21 November 2022. 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 December 2022.
On 8 December 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 20 December 2022, the extension period will operate from 20 December 2022.
An order has been separately issued in PR748763.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR748764>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v UGL Resources (Contracting) Pty Ltd [2022] FWC 3250
- Case
- [2022] FWC 3250
- Decision Date
CaseChat Overview and Summary
The legal issue before the FWC was whether the Union had met the requirements of section 459 of the Act to extend the 30-day period for protected action. Specifically, the Union needed to show that the period had not been previously extended and that the application was made by the union for which the protected action ballot order was issued. Given that the Respondent did not oppose the application, the FWC was satisfied that the Union had met all the relevant requirements and that a 30-day extension was appropriate. The extension period would commence from 20 December 2022.
In conclusion, the FWC granted the Union's application to extend the 30-day period for protected action. The decision was based on the Union meeting the requirements of section 459 of the Act, and the absence of opposition from the Respondent. The extension period would operate from 20 December 2022. The FWC issued a separate order in PR748763.
Orders
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Background
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Evidence
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