| [2022] FWC 2836 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
Construction, Forestry, Maritime, Mining and Energy Union
v
Maersk Crewing Australia Pty Ltd T/A Maersk Crewing Australia Pty Ltd
(B2022/1583)
| VICE PRESIDENT CATANZARITI | SYDNEY, 21 OCTOBER 2022 |
Application to extend the 30 day period in relation to B2022/1332
On 20 October 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, PR745769 made on 13 September 2022. The Order applies to certain employees of Maersk Crewing Australia 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 12 October 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 expires at midnight on 10 November 2022.
On 20 October 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 expires at midnight on 10 November 2022, the extension period will operate from 10 November 2022.
An order has been separately issued in PR747095.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR747096>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union v Maersk Crewing Australia Pty Ltd T/A Maersk Crewing Australia Pty Ltd [2022] FWC 2836
- Case
- [2022] FWC 2836
- Decision Date
CaseChat Overview and Summary
The legal issue before the Commission was whether the 30 day period for protected action could be extended in accordance with s.459(3) of the Fair Work Act 2009. The Applicant argued that the period should be extended, citing the absence of any prior extension and compliance with the relevant requirements of the Act. The Respondent did not oppose the application, thereby leaving the Commission to determine the matter based on the available documentation.
The Commission considered the relevant provisions of the Fair Work Act 2009 and the circumstances of the case. The Vice President was satisfied that the requirements of s.459 of the Act were met, and that an extension of the 30 day period for protected action was appropriate. The extension period was set to commence from 10 November 2022, following the expiration of the original 30 day period.
In conclusion, the Fair Work Commission granted the Construction, Forestry, Maritime, Mining and Energy Union's application for an extension of the 30 day period for protected action. The extension period was set to begin on 10 November 2022. An order was separately issued in PR747095.
Orders
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Background
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Evidence
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