Construction, Forestry, Maritime, Mining and Energy Union v Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst Australia Pty Ltd

[2023] FWC 2486

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst Australia Pty Ltd

(B2023/1021)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 26 SEPTEMBER 2023

Application to extend the 30 day period in relation to B2023/732

This matter concerns the declaration of the result of a protected action ballot (PR764467) held in matter B2023/732 and declared on 30 August 2023.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application made by the CFMMEU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst Australia Pty Ltd (Godfrey Hirst) has advised the Commission it has no objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible CFMMEU members employed by Godfrey Hirst be extended by a further 30 days.

This order will operate on and from 26 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) to extend the 30-day period, under which industrial action is authorised by a protected action ballot, in relation to the matter B2023/732. The union sought an extension of this period pursuant to section 459(3) of the Fair Work Act 2009. The respondent, Godfrey Hirst Australia Pty Ltd, indicated no objection to the application. The matter before the Commission was to determine whether the statutory requirements for such an extension had been met.

The legal issue that the Commission had to decide was whether the application by the CFMMEU satisfied the criteria set out in section 459(3) of the Act. This section allows for an extension of the 30-day period for the commencement of protected industrial action if the applicant for the protected action ballot order applies to the Commission for the extension and if the period has not previously been extended. The Commission had to ascertain whether both conditions had been fulfilled and if the extension was warranted.

In rendering its decision, the Commission noted that the CFMMEU had indeed applied for the extension within the prescribed timeframe and that the 30-day period had not been previously extended. The Commission was satisfied that all statutory requirements for the extension had been met. Consequently, the application was granted, and the 30-day period was extended by a further 30 days, effective from 26 September 2023.

The Commission ordered that the 30-day period for the commencement of protected industrial action for eligible CFMMEU members employed by Godfrey Hirst be extended by an additional 30 days, commencing on 26 September 2023. This decision was based on the application meeting the statutory requirements and Godfrey Hirst's lack of objection to the extension.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established