The Australian Workers' Union v Isis Central Sugar Mill Company Limited

[2023] FWC 1404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

The Australian Workers’ Union
v

Isis Central Sugar Mill Company Limited

(B2023/562)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 JUNE 2023

Application to extend the 30 day period in relation to B2023/411.

This matter concerns the declaration of the result of a protected action ballot (PR761769) held in matter B2023/411 and declared on 23 May 2023.

The Australian Workers’ Union (AWU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application made by the AWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Isis Central Sugar Mill Company Limited has advised it does not have any objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted given the express statutory terms.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible AWU members employed by Isis Central Sugar Mill Company Limited be extended by a further 30 days.

This order will operate on and from 15 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, in the case of The Australian Workers' Union v Isis Central Sugar Mill Company Limited, addressed an application to extend the 30-day period within which industrial action could be authorised by a protected action ballot. The Australian Workers' Union (AWU) applied for an extension under section 459(3) of the Fair Work Act 2009. The union sought to extend the period during which its members could undertake protected industrial action against Isis Central Sugar Mill Company Limited. The application was predicated on the satisfaction of statutory conditions, specifically that no previous extension had been granted and that the union had applied for such an extension within the prescribed timeframe.

The legal issue before the Commission was whether the statutory requirements for extending the authorised period of industrial action were met, and if so, whether the application should be granted. Section 459(3) of the Act clearly sets out the conditions for extending the 30-day period, including the absence of prior extensions and the timely application by the union. The Commission needed to determine if these conditions were fulfilled and whether the extension was warranted in the circumstances of the case. Additionally, the Commission considered the absence of objections from the employer, Isis Central Sugar Mill Company Limited, which indicated a lack of opposition to the application.

The Commission found that all statutory prerequisites for the extension were satisfied. The 30-day period had not been previously extended, and the AWU had made a timely application in accordance with the Act. Given that there were no objections from the employer, the Commission was satisfied that the application should proceed. The Deputy President concluded that the application met the statutory criteria and, therefore, granted the extension. The order extended the period for the commencement of protected industrial action by an additional 30 days from the date of the decision, effective 15 June 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established