Retail and Fast Food Workers Union Incorporated T/A Retail and Fast Food Workers Union Incorporated v Woolworths Group Limited

[2023] FWC 2474

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

Woolworths Group Limited

(B2023/1019)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 SEPTEMBER 2023

Application to extend the 30 day period in relation to B2023/752

This matter concerns the declaration of the result of a protected action ballot (PR764630) held in matter B2023/752 and declared on 31 August 2023.

The Retail and Fast Food Workers Union Incorporated (RAFFWU 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.

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 Retail and Fast Food Workers Union Incorporated contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Woolworths Group Limited (Woolworths) has advised the Commission it has no 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 Retail and Fast Food Workers Union Incorporated members employed by Woolworths be extended by a further 30 days.

This order will operate on and from 25 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) has received an application from the Retail and Fast Food Workers Union Incorporated (RAFFWU) to extend the 30-day period within which industrial action may be taken, as authorised by a protected action ballot. The application was made in relation to matter B2023/1019 and seeks to extend the 30-day period for industrial action authorised by the protected action ballot PR764630, which was declared on 31 August 2023. The respondent, Woolworths Group Limited, has indicated that it has no objection to the application. The decision to grant or refuse the application was made by Deputy President Hampton, sitting in Adelaide.

The primary legal issue for the Commission to decide was whether the application met the statutory requirements under section 459(3) of the Fair Work Act 2009. This section allows for the extension of the 30-day period for the commencement of protected industrial action if an applicant applies for such an extension and the period has not previously been extended. The application was made by the applicant, who argued that all necessary conditions were satisfied and that the period should be extended by a further 30 days. Given that Woolworths has no objection to the application, the key issue was whether the statutory requirements were fulfilled.

The Deputy President considered that all relevant requirements had been met. The application was made by the applicant, RAFFWU, and there was no prior extension of the 30-day period. Consequently, the Deputy President determined that the application should be granted and ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days. This extension is to take effect from 25 September 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established