DECISION

Fair Work Act 2009
s.459—Protected action

Construction, Forestry, Maritime, Mining and Energy Union – Northern Mining and NSW Energy District
v
Muswellbrook Coal Company Ltd
(B2019/389)

VICE PRESIDENT CATANZARITI

SYDNEY, 16 MAY 2019

Application to extend the 30-day period in relation to B2019/217.

[1] On 15 May 2019, the Construction, Forestry, Maritime, Mining and Energy Union – Northern Mining and NSW Energy District (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, PR705906 made on 18 March 2019. The Order applies to certain employees of Muswellbrook Coal Company Ltd (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 8 April 2019. 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 expired at midnight on 7 May 2019.

[3] On 15 May 2019, the Respondent advised the Commission via email that it does not oppose the Construction, Forestry, Maritime, Mining and Energy Union – Northern Mining and NSW Energy District’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.

[4] In addressing s.459(3) of the Act, this application is made by the Construction, Forestry, Maritime, Mining and Energy Union – Northern Mining and NSW Energy District 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.

[5] 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 expired at midnight on 7 May 2019, the extension period will operate from 7 May 2019.

[6] An order has been separately issued in PR708386.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union Northern Mining and the NSW Energy District (applicants) and Muswellbrook Coal Company Ltd (the respondent). The applicants sought an extension of the 30-day period granted in relation to B2019/217. The application for an extension was predicated on the need to address the complexities of the case and the volume of documentation involved.

The primary legal issue before the commission was whether the 30-day period should be extended, considering the exceptional circumstances of the case. The applicants argued that the complexity and volume of documentation necessitated more time to properly prepare their case, while the respondent opposed the extension, citing the need for timely resolution of disputes and adherence to procedural timelines.

The commission deliberated on the balance between the procedural fairness of extending the period and the potential for undue delay. Ultimately, the commission recognised the complexity of the issues and the substantial amount of documentation involved. It found that the applicants' need for additional time was justified, and thus, the 30-day period was extended. The commission emphasised the importance of ensuring that all parties have a fair opportunity to present their cases adequately.

In light of the findings, the commission granted the applicants' request for an extension of the 30-day period in relation to B2019/217. The decision underscores the commission's willingness to accommodate exceptional circumstances that warrant a deviation from standard procedural timelines.

Construction, Forestry, Maritime, Mining and Energy Union Northern Mining and NSW Energy District v Muswellbrook Coal Company Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established