The Australian Workers' Union v EDL Group Operations Pty Ltd Summary

[2022] FWC 3364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

The Australian Workers’ Union

EDL Group Operations Pty Ltd

(B2022/1843)

VICE PRESIDENT CATANZARITI

SYDNEY, 22 DECEMBER 2022

Application to extend the 30 day period in relation to B2022/1596

On 20 December 2022, 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, PR747161 made on 24 October 2022. The Order applies to certain employees of EDL Group Operations 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 30 November 2022. 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 29 December 2022.

On 22 December 2022, 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 29 December 2022, the extension period will operate from 29 December 2022.

An order has been separately issued in PR749222.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union applied to the Fair Work Commission to extend the 30-day period for protected action authorised by a protected action ballot order made on 24 October 2022. The order applied to certain employees of EDL Group Operations Pty Ltd, and the ballot result was declared on 30 November 2022. The 30-day period for protected action expired at midnight on 29 December 2022. The Respondent did not oppose the application, and the Commission determined the matter on the basis of the documentation filed.

The legal issues in this case involved whether the Fair Work Commission should grant the Australian Workers' Union's application to extend the 30-day period for protected action. The Commission considered whether the relevant requirements of s.459 of the Fair Work Act 2009 were met and whether a 30-day extension was appropriate. The Commission was satisfied that the requirements were met and that a 30-day extension was appropriate.

The Fair Work Commission determined that the relevant requirements of s.459 of the Fair Work Act 2009 were met, and a 30-day extension was appropriate. The Commission based its decision on the material before it and the fact that the 30-day period expired at midnight on 29 December 2022. The extension period would operate from 29 December 2022. An order was separately issued in PR749222.

The final orders of the Fair Work Commission were to grant the Australian Workers' Union's application to extend the 30-day period for protected action and to extend the period from 29 December 2022. An order was separately issued in PR749222.

The Australian Workers' Union v EDL Group Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established