Construction, Forestry and Maritime Employees Union v Crown Melbourne Limited T/A Crown Casino Ltd Summary

[2023] FWC 3285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Construction, Forestry and Maritime Employees Union
v

Crown Melbourne Limited T/A Crown Casino Ltd.

(B2023/1346)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 DECEMBER 2023

Application to extend the 30 day period in relation to B2023/1143

This matter concerns the declaration of the result of a protected action ballot (PR767533) held in matter B2023/1143 and declared on 8 November 2023.

The Construction, Forestry and Maritime Employees 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.

Crown Melbourne Limited T/A Crown Casino Ltd (Respondent) has not advised the Commission of any 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 the Respondent be extended by a further 30 days.

This order will operate on and from 8 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for an extension of the 30-day period authorised by a protected action ballot against Crown Melbourne Limited T/A Crown Casino Ltd. The application was made under section 459(3) of the Fair Work Act 2009. The central issue was whether the requirements of the Act were met to permit an extension of the authorisation period for protected industrial action. The Deputy President of the Commission considered whether the application was made by the applicant for the protected action ballot order, and whether the period had not previously been extended.

The Deputy President found that the CFMEU had met the requirements set out in section 459(3) of the Act. The application was made by the applicant for the protected action ballot order, and there was no prior extension of the period. The Deputy President was satisfied that the application should be granted. The 30-day period for the commencement of protected industrial action for eligible CFMEU members employed by Crown Melbourne Limited was extended by a further 30 days from 8 December 2023. Crown Melbourne Limited did not object to the application.

The court ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days from 8 December 2023. This decision was based on the finding that the requirements of section 459(3) of the Fair Work Act 2009 were satisfied, and that the application was made by the appropriate party. The extension of the period for protected industrial action was permitted in accordance with the provisions of the Act.

Construction, Forestry and Maritime Employees Union v Crown Melbourne Limited T/A Crown Casino Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established