The Australian Workers' Union v Boral Resources (NSW) Pty Ltd

[2023] FWC 371

[2023] FWC 371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

The Australian Workers' Union
v

Boral Resources (NSW) Pty Ltd

(B2023/93)

VICE PRESIDENT CATANZARITI MELBOURNE, 15 FEBRUARY 2023

Application to extend the 30 day period in relation to B2022/1747

1. On 8 February 2023, 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, PR748200 made on 23 November 2022. The Order applies to certain employees of Boral Resources (NSW) Pty Ltd (the Respondent).

1. The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 11 January 2023. 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 9 February 2023.

1. On 9 February 2023, 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.

1. 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.

1. 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 9‎ ‎February‎ ‎2023, the extension period will operate from 9‎ ‎February‎ ‎2023.

1. An order has been separately issued in PR750616.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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