Media, Entertainment and Arts Alliance v Australian Broadcasting Corporation T/A ABC Summary

[2023] FWC 768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Media, Entertainment and Arts Alliance
v

Australian Broadcasting Corporation T/A ABC

(B2023/287)

VICE PRESIDENT CATANZARITI

SYDNEY, 30 MARCH 2023

Application to extend the 30 day period in relation to B2023/80

On 28 March 2023, the Media, Entertainment and Arts Alliance (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, PR750293 made on 7 February 2023. The Order applies to certain employees of Australian Broadcasting Corporation T/A ABC (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 28 February 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 expired at midnight on 29 March 2023.

On 29 March 2023, the Respondent advised the Commission via email that it neither objected nor consented to the Media, Entertainment and Arts Alliance’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 Media, Entertainment and Arts Alliance 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 29‎ ‎March‎ ‎2023, the extension period will operate from 29‎ ‎March‎ ‎2023.

An order has been separately issued in PR760737.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance (the Applicant) applied to the Fair Work Commission for an extension of the 30-day period for protected action, which was initially authorised by a protected action ballot order issued on 7 February 2023. This order applied to certain employees of the Australian Broadcasting Corporation T/A ABC (the Respondent). The ballot results, declaring that a majority of relevant employees endorsed the proposed forms of protected industrial action, were declared on 28 February 2023. Consequently, the 30-day period for protected action, as stipulated in section 459(1)(d)(i) of the Fair Work Act 2009, began on the date of the ballot result declaration and expired on 29 March 2023.

The central legal issue before the Commission was whether the 30-day period for protected action, as specified in section 459(1)(d)(i) of the Fair Work Act 2009, could be extended by the Commission under section 459(3) of the Act. The Applicant argued that an extension was necessary, while the Respondent neither objected nor consented to the application. The Commission was tasked with determining whether the conditions for an extension, as outlined in the Act, had been met.

The Commission considered the application under section 459(3) of the Act and noted that the 30-day period for protected action had expired at midnight on 29 March 2023. Given the Respondent's neutrality towards the application and the absence of any previous extensions, the Commission found that all relevant requirements of section 459 of the Act had been satisfied. Consequently, the Commission decided that a 30-day extension was appropriate. The extended period commenced from 29 March 2023. An order was issued in PR760737 to reflect this decision.

Media, Entertainment and Arts Alliance v Australian Broadcasting Corporation T/A ABC

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established