The Australian Workers' Union v Atlas Programmed Marine Pty Ltd Summary

[2023] FWC 1420

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
v

Atlas Programmed Marine Pty Ltd

(B2023/576)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 JUNE 2023

Application to extend the 30 day period in relation to B2023/436

This matter concerns the declaration of the result of a protected action ballot (PR761860) held in matter B2023/436 and declared on 26 May 2023.

The Australian Workers’ Union (AWU) 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 AWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Atlas Programmed Marine Pty Ltd has not advised the Commission it has 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 AWU members employed by Atlas Programmed Marine Pty Ltd be extended by a further 30 days.

This order will operate on and from 16 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union has applied to the Fair Work Commission (FWC) for an extension of the 30-day period within which industrial action may be undertaken following the authorisation of such action in a protected action ballot. The application is pursuant to section 459(3) of the Fair Work Act 2009 and concerns a ballot that was declared on 26 May 2023 in matter B2023/436. The employer, Atlas Programmed Marine Pty Ltd, has not objected to the application. The AWU argues that the period should be extended by a further 30 days as it has met all the requirements of the Act.

The legal issue before the Deputy President was whether the application should be granted. The AWU's application sought an extension of the 30-day period for the commencement of industrial action, which was authorised by the ballot result declared on 26 May 2023. The application was made in accordance with section 459(3) of the Act, which allows for the extension of the period by up to 30 days if the relevant requirements are met. The employer did not object to the application. The Deputy President needed to determine whether the AWU had met all the requirements of the Act to warrant an extension of the period.

The Deputy President was satisfied that the requirements of the Act had been met and that the application should be granted. The AWU had made the application within the required timeframe, and there had been no previous extension of the 30-day period. Additionally, the employer had not objected to the application. Therefore, the Deputy President concluded that the application should be granted, and the 30-day period for the commencement of protected industrial action was extended by a further 30 days. The order will take effect from 16 June 2023.

The Australian Workers' Union v Atlas Programmed Marine Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established