Construction, Forestry, Maritime, Mining and Energy Union the Maritime Union of Australia Division v Noorton Pty Ltd

[2019] FWC 2341

[2019] FWC 2341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Construction, Forestry, Maritime, Mining and Energy Union – The Maritime Union of Australia Division
v
Noorton Pty Ltd
(B2019/274)

VICE PRESIDENT CATANZARITI SYDNEY, 8 APRIL 2019

Application to extend the 30-day period in relation to B2019/67.

[1] On 4 April 2019, the Construction, Forestry, Maritime, Mining and Energy Union – The Maritime Union of Australia Division (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, PR704405 (the Order) made on 31 January 2019. The Order applies to certain employees of Noorton Pty 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 27 February 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 28 March 2019.

[3] On 5 April 2019, the Respondent advised the Commission via email that it does not oppose the Construction, Forestry, Maritime, Mining and Energy Union – The Maritime Union of Australia Division’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 – The Maritime Union of Australia Division 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 28 March 2019, the extension period will operate from 28 March 2019.

[6] An order has been separately issued in PR706664.

VICE PRESIDENT

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