Mining and Energy Union v Anglo Coal (Moranbah North Management) Pty Ltd Summary

[2023] FWC 3376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Mining and Energy Union
v

Anglo Coal (Moranbah North Management) Pty Ltd

(B2023/1370)

DEPUTY PRESIDENT HAMPTON

MELBOURNE, 15 DECEMBER 2023

Application to extend the 30 day period in relation to B2023/1148.

This matter concerns the declaration of the result of a protected action ballot (PR767540) held in matter B2023/1148 and declared on 17 November 2023.

The Mining and Energy Union (MEU or Applicant) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

The original protected action ballot order was made while the MEU was a part of the Construction Forestry Mining Maritime and Energy Union (CFMMEU). The MEU withdrew from the CFMMEU on 1 December 2023. In accordance with section 115 of the Fair Work (Registered Organisations) Act 2009 (Cth), the MEU has been substituted for the purposes of this decision.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application made by the MEU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Anglo Coal (Moranbah North Management) Pty Ltd (Anglo Coal) has not advised the Commission of any objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible MEU members employed by Anglo Coal be extended by a further 30 days.

This order will operate on and from 15 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to decide on an application by the Mining and Energy Union (MEU) to extend the time limit for protected industrial action. This application was in relation to a ballot held for workers employed by Anglo Coal (Moranbah North Management) Pty Ltd. The MEU sought to extend the 30-day period allowed for the commencement of industrial action, which was authorized by a protected action ballot held on 17 November 2023. The MEU argued that the conditions of the Fair Work Act 2009 for extending the period had been met and requested an additional 30 days.

The legal issue before the FWC was whether the MEU had met the requirements to extend the time limit for industrial action under section 459(3) of the Fair Work Act. This section allows for an extension of the 30-day period if the applicant for the protected action ballot order applies to the FWC for the extension and the period has not been extended previously. Anglo Coal did not object to the application. The MEU had to demonstrate that it had applied within the original 30-day period and that no prior extension had been granted.

In reaching its decision, the FWC found that the MEU had fulfilled the criteria necessary to extend the period for industrial action. The Commission was satisfied that the application was made within the original 30-day period and that there had been no previous extension. Consequently, the FWC granted the application and extended the period for the commencement of protected industrial action for eligible MEU members employed by Anglo Coal by a further 30 days.

This order from the FWC will take effect from 15 December 2023, allowing the MEU an additional 30 days to initiate industrial action under the conditions set out in the protected action ballot.

Mining and Energy Union v Anglo Coal (Moranbah North Management) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established