Construction, Forestry and Maritime Employees Union v BAE Systems Australia Limited T/A BAE Systems Australia
[2023] FWC 3438
•21 DECEMBER 2023
| [2023] FWC 3438 |
| 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
Construction, Forestry and Maritime Employees Union
v
BAE Systems Australia Limited T/A BAE Systems Australia
(B2023/1389)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 21 DECEMBER 2023 |
Application to extend the 30 day period in relation to B2023/1240
This matter concerns the declaration of the result of a protected action ballot (PR768275) held in matter B2023/1240 and declared on 7 December 2023.
The Construction, Forestry, Mining and Energy Union (CFMEU) 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 CFMEU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.
BAE Systems Australia Limited T/a Bae Systems Australia (BAE) has advised the Commission it has no objection 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 CFMEU members employed by BAE be extended by a further 30 days.
This order will operate on and from 21 December 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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