| [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
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).
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.
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.
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 9 February 2023, the extension period will operate from 9 February 2023.
An order has been separately issued in PR750616.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR750617>
- AGLC
- The Australian Workers' Union v Boral Resources (NSW) Pty Ltd [2023] FWC 371
- Case
- [2023] FWC 371
- Decision Date
CaseChat Overview and Summary
The Commission found that the applicant had met the necessary requirements to warrant an extension. The 30-day period for protected action, as specified in section 459(1)(d)(i) of the Act, had not been previously extended, and the application was made within the stipulated timeframe. The Commission was satisfied that all relevant criteria were met, and thus, it was appropriate to grant a 30-day extension. The extension was set to commence from 9 February 2023, the date on which the initial 30-day period was due to expire. The decision was made on the basis of the documentation filed by the applicant and the absence of any opposition from the respondent. The Commission did not find any grounds to deny the application.
The Fair Work Commission, in its decision, granted the application for an extension of the 30-day period for protected action. The extension was set to operate from 9 February 2023, thereby providing the applicant with additional time to undertake the authorised protected action. This decision was made in light of the fact that the applicant met all the requirements set out in section 459 of the Fair Work Act 2009, and no opposition was raised by the respondent. The extension was considered appropriate under the circumstances, and the Commission issued an order to this effect.
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