Construction, Forestry, Maritime, Mining and Energy Union v Etex Australia Pty Ltd

[2021] FWC 5078

[2021] FWC 5078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Etex Australia Pty Ltd
(B2021/680)

DEPUTY PRESIDENT DEAN CANBERRA, 17 AUGUST 2021

Application to extend the 30 day period in relation to B2021/396.

[1] On 16 August 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 made on 7 June 2021 in matter B2021/396. The Order applies to certain employees of Etex Australia Pty Ltd (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 21 July 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 19 August 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 19 August 2021, the extension period will operate from 19 August 2021.

[6] An order has been separately issued in PR732899.

DEPUTY PRESIDENT

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