| [2023] FWC 553 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
The Australian Workers' Union
v
Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia)
(B2023/202)
| VICE PRESIDENT CATANZARITI | BRISBANE, 7 MARCH 2023 |
Application to extend the 30 day period in relation to B2023/48
On 1 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, PR750013 made on 25 January 2023. The Order applies to certain employees of Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia) (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 9 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 expires at midnight on 10 March 2023.
On 3 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 expires at midnight on 10 March 2023, the extension period will operate from 10 March 2023.
An order has been separately issued in PR760077.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR760078>
- AGLC
- The Australian Workers' Union v Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia) [2023] FWC 553
- Case
- [2023] FWC 553
- Decision Date
CaseChat Overview and Summary
The FWC examined whether the AWU's application satisfied the conditions outlined in s.459 of the Act. The 30-day period had not been previously extended, and the AWU had complied with the procedural requirements for making the application. The FWC considered the application on the basis of the documentation provided by the AWU and the absence of opposition from the respondent. The FWC concluded that the AWU had met the requirements for an extension and that it was appropriate to extend the 30-day period. As the original 30-day period was due to expire on 10 March 2023, the extension would commence from that date.
The FWC granted the AWU's application for an extension of the 30-day period for protected action. The extension was set to commence from 10 March 2023, effectively extending the period for the AWU to take protected action against Lloyd Helicopters Pty Ltd. The FWC issued an order in PR760077 to reflect this decision. The extension allowed the AWU more time to organise and implement the protected action as authorised by the ballot order.
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