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

[2021] FWC 561

[2021] FWC 561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Orica Australia Pty Ltd
(B2021/45)

VICE PRESIDENT CATANZARITI SYDNEY, 4 FEBRUARY 2021

Application to extend the 30-day period in relation to B2020/729.

[1] On 3 February 2021, the Construction, Forestry, Maritime, Mining & Energy Union – Northern Mining and NSW Energy District (the CFMMEU) (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, PR724702 made on 19 November 2020. The Order applies to certain employees of Orica 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 7 January 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 5 February 2021.

[3] On 4 February 2021, 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 have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 5 February 2021, the extension period will operate from 5 February 2021.

[6] An order has been separately issued in PR726677.

VICE PRESIDENT

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