Retail and Fast Food Workers Union Incorporated T/A Retail and Fast Food Workers Union Incorporated v Coles Supermarkets Australia Pty Ltd T/A Coles Group

[2023] FWC 2826

[2023] FWC 2826

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Retail and Fast Food Workers Union Incorporated T/A Retail and Fast Food Workers Union Incorporated
v

Coles Supermarkets Australia Pty Ltd T/A Coles Group

(B2023/1163)

DEPUTY PRESIDENT HAMPTON HOBART, 26 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/887

1. This matter concerns the declaration of the result of a protected action ballot (PR765597) held in matter B2023/887 and declared on 27 September 2023.

1. The Retail and Fast Food Workers Union Incorporated T/A Retail and Fast Food Workers Union Incorporated (RAFFWU) 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.

1. 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.”

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

1. The Respondent has not advised the Commission of any objection to this application.

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

1. 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 RAFFWU members employed by Coles Supermarkets Australia Pty Ltd T/A Coles Group be extended by a further 30 days.

1. This order will operate on and from 26 October 2023.

DEPUTY PRESIDENT

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