Construction, Forestry, Maritime, Mining and Energy Union v Knauf Plasterboard Pty Ltd

[2019] FWC 7489

[2019] FWC 7489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Knauf Plasterboard Pty Ltd
(B2019/1254)

DEPUTY PRESIDENT DEAN SYDNEY, 30 OCTOBER 2019

Application to extend the 30-day period in relation to B2019/734.

[1] On 29 October 2019, 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, PR712017 (the Order) made on 4 September 2019. The Order applies to certain employees of Knauf Plasterboard 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 4 October 2019. 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 3 November 2019.

[3] On 30 October 2019, 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.

[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 3 November 2019, the extension period will operate from 3 November 2019.

[6] An order has been separately issued in PR713850.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR713849>