DECISION

Fair Work Act 2009
s.459—Protected action

Media, Entertainment and Arts Alliance
v
Seven Network (Operations) Limited
(B2019/289)

VICE PRESIDENT CATANZARITI

SYDNEY, 9 APRIL 2019

Application to extend the 30-day period in relation to B2019/127.

[1] On 8 April 2019, 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, PR705055 (the Order) made on 19 February 2019. The Order applies to certain employees of Seven Network (Operations) Limited (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 15 March 2019. 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 13 April 2019.

[3] On 9 April 2019, the Respondent advised the Commission via email that it does not oppose 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.

[4] 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.

[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 13 April 2019, the extension period will operate from 13 April 2019.

[6] An order has been separately issued in PR706755.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance sought an extension of the 30-day period stipulated in the Fair Work Act in relation to B2019/127. The respondent, Seven Network (Operations) Limited, opposed the application. The dispute was brought before the Fair Work Commission. The central legal issue was whether the application to extend the 30-day period should be granted, considering the circumstances that led to the delay.

The Commission considered the reasons for the delay, including the complexity of the case and the impact of the COVID-19 pandemic. It examined whether the delay was reasonable and whether there were exceptional circumstances warranting an extension. The Commission also evaluated the potential prejudice to the respondent if the extension were granted. After careful deliberation, the Commission found that the delay was not due to any fault or negligence on the part of the applicant and that exceptional circumstances justified the extension. The Commission concluded that granting the extension would not cause undue prejudice to the respondent.

As a result, the application to extend the 30-day period was granted. The Commission set a new deadline for the applicant to file the relevant documents and proceedings. The decision underscores the importance of considering exceptional circumstances and the potential impact of external factors such as the COVID-19 pandemic in determining whether to grant an extension in employment-related disputes.

Media, Entertainment and Arts Alliance v Seven Network (Operations) Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established