| [2022] FWC 2167 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
Construction, Forestry, Maritime, Mining and Energy Union
v
Cranecrew Logistics Pty Ltd
(B2022/1222)
| VICE PRESIDENT CATANZARITI | SYDNEY, 16 AUGUST 2022 |
Application to extend the 30 day period in relation to B2022/629
On 12 August 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, PR743551 made on 7 July 2022. The Order applies to certain employees of Cranecrew Logistics 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 15 July 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 expired at midnight on 13 August 2022.
On 15 August 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 expired at midnight on 13 August 2022, the extension period will operate from 13 August 2022.
An order has been separately issued in PR744826.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR744827>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union v Cranecrew Logistics Pty Ltd [2022] FWC 2167
- Case
- [2022] FWC 2167
- Decision Date
CaseChat Overview and Summary
The legal issue before the Fair Work Commission was whether the Applicant had met the requirements of s.459 of the Fair Work Act 2009 to extend the 30-day period for protected action. The Applicant argued that it had met the requirements and that the Respondent did not oppose the application. The Commission found that the requirements of s.459 of the Act had been met and that a 30-day extension was appropriate. The Commission also noted that the 30-day period had expired at midnight on 13 August 2022 and that the extension period would operate from that date.
In reaching its decision, the Fair Work Commission considered the provisions of s.459 of the Act and the material before it. The Commission found that the Applicant had met the requirements of s.459(3) of the Act and that the extension was appropriate. The Commission also noted that the Respondent did not oppose the application. The Commission concluded that the extension of the 30-day period for protected action was appropriate and made an order to that effect.
The Fair Work Commission has made an order extending the 30-day period for protected action authorised by the protected action ballot order. The extension period will operate from 13 August 2022. An order has been separately issued in PR744826.
Orders
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Background
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Evidence
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