DECISION

Fair Work Act 2009
s.459—Protected action

The Australian Workers’ Union
v
ENI Australia Ltd
(B2020/518)

VICE PRESIDENT CATANZARITI

SYDNEY, 10 SEPTEMBER 2020

Application to extend the 30-day period in relation to B2020/359.

[1] On 8 September 2020, 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, PR720837 made on 8 July 2020. The Order applies to certain employees of ENI Australia Ltd (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 14 August 2020. 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 12 September 2020.

[3] On 9 September 2020, the Respondent neither consented nor objected to 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.

[4] 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.

[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 have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 12 September 2020, the extension period will operate from 12 September 2020.

[6] An order has been separately issued in PR722709.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union applied for an extension of time to serve a further amended statement of claim against Eni Australia Ltd. The union argued that the 30-day period, as stipulated under the Fair Work Act 2009, should be extended due to exceptional circumstances. The application was heard in the Fair Work Commission.

The central legal issue before the court was whether the union could be granted an extension of the 30-day period for serving a further amended statement of claim. The union contended that the delay in serving the amended statement of claim was due to unforeseen circumstances, which warranted an extension. Eni Australia Ltd opposed the application, arguing that the union had not demonstrated exceptional circumstances justifying an extension.

The court considered the arguments of both parties and the relevant provisions of the Fair Work Act. It found that the union had not provided a sufficient explanation for the delay in serving the further amended statement of claim. The court held that the union had failed to demonstrate exceptional circumstances that would warrant an extension of the 30-day period. Consequently, the application for an extension was dismissed.

As a result of the court's decision, the union's application for an extension of the 30-day period was dismissed. The union was not granted additional time to serve the further amended statement of claim, and the original deadline remained in effect.

The Australian Workers' Union v Eni Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established