| [2022] FWC 2242 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
Construction, Forestry, Maritime, Mining and Energy Union
v
Viridian Glass Pty Ltd
(B2022/1264)
| VICE PRESIDENT CATANZARITI | BRISBANE, 23 AUGUST 2022 |
Application to extend the 30 day period in relation to B2022/540
On 19 August 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, PR742503 made on 9 June 2022. The Order applies to certain employees of Viridian Glass 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 20 July 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 expired at midnight on 18 August 2022.
On 23 August 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 expired at midnight on 18 August 2022, the extension period will operate from 18 August 2022.
An order has been separately issued in PR745082.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR745083>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union v Viridian Glass Pty Ltd [2022] FWC 2242
- Case
- [2022] FWC 2242
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC involved the interpretation and application of section 459(3) of the Fair Work Act 2009. This section allows for an extension of the 30-day period for protected action if certain conditions are met. The FWC needed to determine if the requirements of section 459 of the Act were satisfied to warrant an extension. Key considerations included the fact that the 30-day period had not been previously extended and the provisions of section 459(1)(d)(i) of the Act were applicable. The FWC also had to ensure that the extension was justified and appropriate given the circumstances presented.
The FWC, in its decision, found that the requirements of section 459 of the Act were met and that an extension of the 30-day period was appropriate. The 30-day period had expired on 18 August 2022, and the extension was set to begin from that date. The FWC noted that the Respondent did not oppose the application, which supported the decision to grant the extension. The FWC issued a separate order in PR745082, reflecting the decision to extend the period for protected action.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.