The Australian Workers' Union v Bisalloy Steels Pty Ltd Summary

[2023] FWC 2468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

The Australian Workers’ Union
v

Bisalloy Steels Pty Ltd

(B2023/1017)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 SEPTEMBER 2023

Application to extend the 30 day period in relation to B2023/713

This matter concerns the declaration of the result of a protected action ballot (PR764249) held in matter B2023/713 and declared on 23 August 2023.

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

Bisalloy Steels Pty Ltd (Bisalloy) has not advised the Commission of 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 Bisalloy 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 Australian Workers' Union (AWU) filed an application before the Fair Work Commission to extend the 30-day period in which industrial action is authorised by a relevant protected action ballot. The protected action ballot in question was held in matter B2023/713 and declared on 23 August 2023. The application sought to extend the 30-day period pursuant to s.459(3) of the Fair Work Act 2009 (the Act), which allows the Fair Work Commission to extend the period by up to 30 days if certain conditions are met.

The legal issues before the court were whether the AWU had satisfied the conditions outlined in s.459(3) of the Act for the extension of the 30-day period. The AWU argued that it had satisfied the conditions, and that the period should be extended by a further 30 days. The employer, Bisalloy Steels Pty Ltd, did not object to the application. The court needed to determine whether the requirements of the Act had been met and if so, whether the application should be granted.

In making its decision, the court noted that s.459(3) of the Act provides that the Fair Work Commission may extend the 30-day period if an applicant for the protected action ballot order applies to the Commission for the period to be extended, and if the period has not previously been extended. The court found that the AWU had satisfied the requirements of the Act, and that the application should be granted. The court was satisfied that the AWU had met all the necessary conditions for the extension of the 30-day period.

The court ordered that the 30-day period for the commencement of protected industrial action for eligible AWU members employed by Bisalloy be extended by a further 30 days. The order will operate from 25 September 2023.

The Australian Workers' Union v Bisalloy Steels Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established