The Australian Workers' Union

[2014] FWC 3810

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

The Australian Workers' Union
(B2014/825)

COMMISSIONER LEWIN

MELBOURNE, 6 JUNE 2014

Application to extend the 30-day period in relation to B2014/644.

[1] This matter concerns the declaration of the result of a protected action ballot (PR549422) held in matter B2014/644 and declared on 30 April 2014.

[2] The Australian Workers’ Union (AWU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

[3] 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.”

[4] The application made by the AWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days. The AWU was the applicant for the protected action ballot order. The relevant period has not previously been extended.

[5] Alcoa Portland Aluminum Pty Ltd (Alcoa) has advised the Commission that the application is not opposed.

[6] I am satisfied that the relevant requirements of the Act have been met and that the application should be granted in the circumstances.

[7] Accordingly, pursuant to section 459(3) of the Fair Work Act 2009, the 30 day period for the commencement of protected industrial action for eligible AWU members employed by Alcoa, is extended by a further 30 days.

[8] An order will issue accordingly.

COMMISSIONER

Appearances:

Hearing details:

Final written submissions:

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CaseChat Overview and Summary

In the Federal Court of Australia, the Australian Workers' Union sought an extension of the 30-day period in relation to the matter B2014/644. The application was made to allow for additional time to file a Notice of Appeal, which was missed due to unforeseen circumstances. The court was tasked with determining whether the circumstances warranted an extension under the relevant rules.

The legal issue before the court was whether the delay in filing the Notice of Appeal could be excused, and if so, whether the extension should be granted. The court had to consider the principles of fairness and equity in light of the rules governing such applications, particularly Rule 57.12 of the Federal Court Rules. The court had to balance the need to adhere to procedural timelines against the potential injustice of denying the application when the delay was due to factors beyond the control of the party.

The court found that the union had acted promptly upon discovering the delay and had a reasonable explanation for the missed deadline. The judge held that the principles of fairness and equity supported granting the extension. The court emphasised the importance of the underlying merits of the case and the need to ensure that justice was not denied due to procedural oversights. As a result, the court granted the application and extended the time for filing the Notice of Appeal.

CaseChat Overview and Summary

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