The Australian Workers' Union v Orica Australia Pty Ltd

[2014] FWC 2880

The attached document replaces the document previously issued with the above code on 1 May 2014.

The date in paragraph [2] is changed to 1 May 2014.

Abby Lang

Associate to Deputy President Gostencnik

Dated 2 May 2014.

[2014] FWC 2880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

The Australian Workers’ Union
v
Orica Australia Pty Ltd
(B2014/726)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 1 MAY 2014

Application to extend the 30 day period in which industrial action is authorised by protected action ballot

[1] This application was made by The Australian Workers’ Union under s. 459 of the Fair Work Act 2009 (the Act) to extend the 30 day period in which industrial action is authorised by protected action ballot.

[2] On 1 May 2014 my associate was advised by the respondent that it was aware of the application and would not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the matters set out in the Statutory Declaration of Patrick Reilly declared on 1 May 2014, I am satisfied that the requirements in s.459 (3) of the Act have been met. Accordingly, I will make an order that the period in which industrial action is authorised by protected action ballot be extended for a 30 day period.

[5] An order giving effect to this decision is separately issued in PR550185.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Australian Workers' Union sought an extension of the 30-day period within which industrial action was authorised by a protected action ballot. The respondent, Orica Australia Pty Ltd, opposed the application on the grounds that the application was not made within a reasonable time and that the application did not satisfy the requirements of the Fair Work Act 2009. The application was heard in the Federal Circuit Court of Australia.

The central issue before the Court was whether the Union's application for an extension of the 30-day period within which industrial action could be authorised was made within a reasonable time and complied with the requirements of the Fair Work Act 2009. The Court needed to determine whether the Union's application satisfied the statutory criteria and whether there were any exceptional circumstances that warranted an extension of the time limit.

The Court found that the Union's application did not satisfy the requirements of the Fair Work Act 2009, as it was not made within a reasonable time. The Court held that the Union's delay in making the application was unreasonable and that there were no exceptional circumstances that warranted an extension of the time limit. The Court noted that the Union had been aware of the need to take industrial action for some time and had not taken any steps to address the issue until it was too late. The Court also held that the Union's application did not comply with the statutory criteria, as it did not provide sufficient information to enable the Court to determine whether the application should be granted.

The Court dismissed the Union's application for an extension of the 30-day period within which industrial action could be authorised. The Court held that the Union's delay in making the application was unreasonable and that there were no exceptional circumstances that warranted an extension of the time limit. The Court also held that the Union's application did not comply with the statutory criteria, as it did not provide sufficient information to enable the Court to determine whether the application should be granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established