Construction, Forestry, Maritime, Mining and Energy Union v Cleary Bros (Bombo) Pty Ltd

[2022] FWC 43

[2022] FWC 43

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Cleary Bros (Bombo) Pty Ltd

(B2021/1287)

VICE PRESIDENT CATANZARITI SYDNEY, 12 JANUARY 2022

Application to extend the 30 day period in relation to B2021/1030

1. On 21 December 2021, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) (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, PR735402 made on 1 November 2021. The Order applies to certain employees of Cleary Bros (Bombo) Pty Ltd (the Respondent).

1. The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 8 December 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 expired at midnight on 6 January 2022.

1. On 12 January 2022, the Respondent advised the Commission via email that it does not oppose the CFMMEU’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.

1. 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.

1. 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 6 January 2022, the extension period will operate from 6 January 2022.

1. An order has been separately issued in PR737421.

VICE PRESIDENT

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