| [2023] FWC 615 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
The Australian Workers' Union
v
Devro Pty Ltd
(B2023/242)
| VICE PRESIDENT CATANZARITI | SYDNEY, 15 MARCH 2023 |
Application to extend the 30 day period in relation to B2022/1831
On 14 March 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, PR748910 made on 14 December 2022. The Order applies to certain employees of Devro 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 1 February 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 expired at midnight on 2 March 2023.
On 15 March 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 expired at midnight on 2 March 2023, the extension period will operate from 2 March 2023.
An order has been separately issued in PR760293.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR760294>
- AGLC
- The Australian Workers' Union v Devro Pty Ltd [2023] FWC 615
- Case
- [2023] FWC 615
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC were whether the requirements of section 459(3) of the Act had been met for an extension of the 30-day period for protected action and whether such an extension was appropriate. The AWU, as the applicant, needed to demonstrate that the relevant requirements of section 459 of the Act were satisfied and that an extension was warranted. Given the Respondent did not oppose the application, the FWC had to determine the matter based on the documentation filed by the AWU.
The FWC found that the AWU had met the requirements of section 459 of the Act and that a 30-day extension was appropriate. The FWC noted that the 30-day period specified in section 459(1)(d)(i) had not been previously extended. The FWC was satisfied with the material before it and determined that the extension period would operate from 2 March 2023, the date the original 30-day period expired. An order was separately issued in PR760293.
The FWC granted the AWU’s application for an extension of the 30-day period for protected action. The extension period would commence from 2 March 2023. The FWC issued an order in PR760293, formalising the decision.
Orders
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Background
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