| [2022] FWC 3355 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
Construction, Forestry, Maritime, Mining and Energy Union
v
Bhagwan Marine Pty Ltd
(B2022/1838)
| VICE PRESIDENT CATANZARITI | SYDNEY, 21 DECEMBER 2022 |
Application to extend the 30 day period in relation to B2022/1594
On 16 December 2022, the Construction, Forestry, Maritime, Mining and Energy Union (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, PR747182 made on 25 October 2022. The Order applies to certain employees of Bhagwan Marine 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 30 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 29 December 2022.
On 20 December 2022, the Respondent advised the Commission via email that it does not oppose the Construction, Forestry, Maritime, Mining and Energy Union’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 Construction, Forestry, Maritime, Mining and Energy Union 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 29 December 2022, the extension period will operate from 29 December 2022.
An order has been separately issued in PR749178.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR749179>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union v Bhagwan Marine Pty Ltd [2022] FWC 3355
- Case
- [2022] FWC 3355
- Decision Date
CaseChat Overview and Summary
The legal issue before the Commission was whether the 30-day period for protected action could be extended under section 459(3) of the Fair Work Act 2009 (Cth) (the Act). The Act provides that the period specified in section 459(1)(d)(i) of the Act is the 30-day period for protected action, and that the period may be extended by the Commission. The Commission must be satisfied that each of the relevant requirements of section 459 of the Act have been met before granting an extension.
The Commission found that the relevant requirements of section 459 of the Act had been met, and that a 30-day extension was appropriate. The Commission noted that the 30-day period expires at midnight on 29 December 2022, and that the extension period will operate from 29 December 2022. An order has been separately issued in PR749178.
In summary, the Fair Work Commission granted the Applicant's application for an extension of the 30-day period for protected action, and extended the period by 30 days. The Commission found that the relevant requirements of section 459 of the Act had been met, and that a 30-day extension was appropriate. The extension period will operate from 29 December 2022.
Orders
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Background
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Evidence
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