The Australian Workers' Union v Federation University Australia

[2018] FWC 7718

[2018] FWC 7718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

The Australian Workers’ Union
v
Federation University Australia
(B2018/1192)

VICE PRESIDENT CATANZARITI SYDNEY, 19 DECEMBER 2018

Application to extend the 30-day period in relation to B2018/986.

[1] On 14 December 2018, 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, PR701786 (the Order) made on 29 October 2018. The Order applies to certain employees of Federation University Australia (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 26 November 2018. 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 25 December 2018.

[3] On 17 December 2018, 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.

[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 25 December 2018, the extension period will operate from 25 December 2018.

[6] An order has been separately issued in PR703292.

VICE PRESIDENT

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