| [2022] FWC 1316 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
The Australian Workers’ Union
v
BAE Systems Australia Limited
(B2022/489)
| VICE PRESIDENT CATANZARITI | SYDNEY, 26 MAY 2022 |
Application to extend the 30 day period in relation to B2022/166
On 25 May 2022, the Australian Workers’ Union (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, PR739211 made on 10 March 2022. The Order applies to certain employees of BAE Systems Australia Limited (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 27 April 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 26 May 2022.
On 25 May 2022, the Respondent advised the Commission via email that it does not oppose the Australian Workers’ Union’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 Australian Workers’ Union 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 26 May 2022, the extension period will operate from 26 May 2022.
An order has been separately issued in PR742023.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR742024>
- AGLC
- The Australian Workers' Union v BAE Systems Australia Limited [2022] FWC 1316
- Case
- [2022] FWC 1316
- Decision Date
CaseChat Overview and Summary
The legal issue before the Commission was whether the Union had satisfied the requirements of section 459(3) of the Act to extend the 30-day period for protected action. In particular, the Commission needed to determine whether the Union had met the requirements for making an application under section 459(3) of the Act, and whether a 30-day extension was appropriate in the circumstances. The Commission considered the documentation filed by the Union, and noted that the period specified in section 459(1)(d)(i) had not been previously extended.
The Commission found that the Union had satisfied the requirements of section 459(3) of the Act to extend the 30-day period for protected action. The Commission noted that the Union was the Applicant for which the protected action ballot order was issued, and that each of the relevant requirements of section 459 of the Act had been met. The Commission determined that a 30-day extension was appropriate, and that the extension period would operate from 26 May 2022, the date on which the 30-day period for protected action was set to expire.
In light of the above, the Commission made an order extending the 30-day period for protected action in PR742023. The order was issued under section 459(3) of the Fair Work Act 2009. The extension period will operate from 26 May 2022, and will expire 30 days after that date.
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