| [2023] FWC 1196 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
Construction, Forestry, Maritime, Mining and Energy Union
v
Visy Pulp & Paper Pty Ltd
(B2023/469)
| VICE PRESIDENT CATANZARITI | SYDNEY, 19 MAY 2023 |
Application to extend the 30 day period in relation to B2023/295
On 17 May 2023, 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, PR760783 made on 31 March 2023. The Order applies to certain employees of Visy Pulp & Paper 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 19 April 2023. 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 18 May 2023.
On 19 May 2023, 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 18 May 2023, the extension period will operate from 18 May 2023.
An order has been separately issued in PR762080.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR762081>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union v Visy Pulp & Paper Pty Ltd [2023] FWC 1196
- Case
- [2023] FWC 1196
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Fair Work Commission was whether the requirements of section 459(3) of the Fair Work Act were met to justify an extension of the 30-day period for protected action. The Commission had to consider whether the CFMMEU had fulfilled the criteria set by the Act to warrant an extension, especially considering the period had not been extended previously. Additionally, the Commission had to ensure that the extension request was timely and based on appropriate grounds.
The Fair Work Commission, led by Vice President Catanzariti, determined that the application met the requirements under section 459(3) of the Fair Work Act. The Commission found that all necessary conditions for an extension were satisfied based on the documentation and the lack of opposition from Visy Pulp & Paper. The 30-day period for protected action was thus extended from 18 May 2023. An order was issued accordingly, extending the period for the protected industrial action.
In summary, the Fair Work Commission granted the CFMMEU’s application to extend the 30-day period for protected industrial action against Visy Pulp & Paper Pty Ltd. The Commission found that the requirements for such an extension were met, and the period was extended from 18 May 2023.
Orders
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Background
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Evidence
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