Construction, Forestry, Maritime, Mining and Energy Union v Built Pty Limited
[2021] FWC 1020
•24 FEBRUARY 2021
| [2021] FWC 1020 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.459—Protected action
Construction, Forestry, Maritime, Mining and Energy Union
v
Built Pty Limited
(B2021/107)
DEPUTY PRESIDENT DEAN | SYDNEY, 24 FEBRUARY 2021 |
Application to extend the 30-day period in relation to B2020/835.
[1] On 23 February 2021, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) made an application to the Fair Work Commission pursuant to s. 459(3) of the Fair Work Act 2009 to extend the 30 day period for protected action authorised by a protected action ballot order, PR725817 (the Order) made on 23 December 2020. The Order applies to certain employees of Built Pty Limited (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 5 February 2021. 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 6 March 2021.
[3] The CFMMEU’s application to extend the 30 day period for protected industrial action is not opposed by the Respondent. Accordingly, I have decided to determine the matter on the basis of the documentation filed.
[4] In addressing s.459(3) of the Act, this application is made by the CFMMEU 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 has been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 6 March 2021, the extension period will operate from 6 March 2021.
[6] An order has been separately issued in PR727273.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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