| [2022] FWC 2633 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
The Association of Professional Engineers, Scientists and Managers, Australia
v
ICON Water Limited T/A ICON Water
(B2022/1469)
| VICE PRESIDENT CATANZARITI | SYDNEY, 29 SEPTEMBER 2022 |
Application to extend the 30 day period in relation to B2022/1120
On 28 September 2022, the Association of Professional Engineers, Scientists and Managers, Australia (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, PR744096 made on 22 July 2022. The Order applies to certain employees of ICON Water Limited T/A ICON Water (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 31 August 2022. 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 29 September 2022.
On 28 September 2022, the Respondent advised the Commission via email that it does not oppose the Association of Professional Engineers, Scientists and Managers, Australia’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 Association of Professional Engineers, Scientists and Managers, Australia 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 expires at midnight on 29 September 2022, the extension period will operate from 29 September 2022.
An order has been separately issued in PR746351.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR746352>
- AGLC
- The Association of Professional Engineers, Scientists and Managers, Australia v ICON Water Limited T/A ICON Water [2022] FWC 2633
- Case
- [2022] FWC 2633
- Decision Date
CaseChat Overview and Summary
The legal issue before the Commission was whether the application for an extension met the requirements of section 459 of the Fair Work Act 2009. The applicant needed to demonstrate that the extension was necessary and appropriate, and that all conditions under the Act had been fulfilled. The Commission considered the facts presented, including the ballot result and the lack of previous extensions to the period in question. Given that ICON Water Limited did not oppose the application and the conditions of the Act were met, the Vice President was satisfied that an extension was appropriate. As a result, the Commission granted the requested extension, which will now operate from 29 September 2022.
The Fair Work Commission concluded that the application met the statutory requirements for an extension under section 459 of the Fair Work Act 2009. The Commission noted the lack of opposition from ICON Water Limited and the absence of any previous extensions to the 30-day period. Therefore, the application was granted, and the 30-day period for protected industrial action was extended accordingly. An order has been issued in PR746351, reflecting the decision.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.