Construction, Forestry, Maritime, Mining and Energy Union v DP World Brisbane Pty Ltd T/A DP World

[2020] FWC 5163

[2020] FWC 5163

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
DP World Brisbane Pty Ltd T/A DP World
(B2020/566)

VICE PRESIDENT CATANZARITI SYDNEY, 25 SEPTEMBER 2020

Application to extend the 30-day period in relation to B2020/383.

[1] On 23 September 2020, 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, PR721235 made on 23 July 2020. The Order applies to certain employees of DP World Brisbane Pty Ltd T/A DP World (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 3 September 2020. 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 2 October 2020.

[3] On 24 September 2020, 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.

[4] 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.

[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 expires at midnight on 2 October 2020, the extension period will operate from 2 October 2020.

[6] An order has been separately issued in PR723090.

VICE PRESIDENT

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