Construction, Forestry, Maritime, Mining and Energy Union v Stanwell Corporation Limited

[2022] FWC 1798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Stanwell Corporation Limited

(B2022/668)

VICE PRESIDENT CATANZARITI

SYDNEY, 11 JULY 2022

Application to extend the 30 day period in relation to B2022/384

On 11 July 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, PR741274 made on 5 May 2022. The Order applies to certain employees of Stanwell Corporation Limited (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 16 June 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 15 July 2022.

On 11 July 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 15 July 2022, the extension period will operate from 15 July 2022.

An order has been separately issued in PR743634.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) sought an extension of the 30-day period for protected action authorised by a protected action ballot order issued on 5 May 2022 against Stanwell Corporation Limited (Stanwell). The ballot, which was declared on 16 June 2022, resulted in a majority of relevant employees endorsing the proposed forms of protected industrial action. The period for protected action was set to expire on 15 July 2022. Stanwell did not oppose the CFMEU's application for an extension, and the matter was determined based on the documentation provided. The application was made under section 459(3) of the Fair Work Act 2009, and the court considered whether the requirements for an extension were met.

The primary legal issue for the court was whether the 30-day period for protected action could be extended under section 459(3) of the Fair Work Act 2009. The court had to assess if the relevant requirements for an extension were satisfied, given that the period had not been previously extended. The court also needed to consider the appropriate duration of any extension, and whether the extension should begin from the date the original period would have expired. The court based its decision on the materials filed by the CFMEU and the lack of opposition from Stanwell.

The court found that all the necessary requirements under section 459 of the Fair Work Act 2009 had been met, and it was appropriate to grant a 30-day extension. The court determined that the extension would commence from the date the original 30-day period was set to expire, which is midnight on 15 July 2022. This extension would therefore allow the protected action to continue beyond the initial 30-day period. An order was issued in PR743634 to reflect this decision.

The court granted the CFMEU's application for an extension of the 30-day period for protected action, and the extension was set to begin from midnight on 15 July 2022. This decision allows the protected industrial action to continue for an additional 30 days. The court's order was made in accordance with the provisions of the Fair Work Act 2009, and the extension was based on the materials provided and the lack of opposition from Stanwell.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established