The Australian Workers' Union v Boral Cement Limited

[2021] FWC 5356

[2021] FWC 5356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

The Australian Workers’ Union
v
Boral Cement Limited
(B2021/740)

DEPUTY PRESIDENT DEAN CANBERRA, 30 AUGUST 2021

Application to extend the 30 day period in relation to B2021/400.

[1] On 27 August 2021, The Australian Workers’ Union (AWU) made an application to the Fair Work Commission pursuant to s. 459(3) of the Fair Work Act 2009 to extend the 30 day period for protected action authorised by a protected action ballot order, PR730692 (the Order) made on 11 June 2021 in matter B2021/400. The Order applies to certain employees of Boral Cement Limited (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 5 August 2021. 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 3 September 2021.

[3] The AWU’s application to extend the 30 day period for protected industrial action is not opposed by the Respondent. Accordingly, I have decided to determine the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the AWU 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.

[5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act has been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 3 September 2021, the extension period will operate from 3 September 2021.

[6] An order has been separately issued in PR733306.

DEPUTY PRESIDENT

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