| [2022] FWC 3255 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
The Australian Workers’ Union
v
UGL Resources (Contracting) Pty Ltd
(B2022/1818)
| VICE PRESIDENT CATANZARITI | SYDNEY, 9 DECEMBER 2022 |
Application to extend the 30 day period in relation to B2022/1659
On 8 December 2022, 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, PR747656 made on 4 November 2022. The Order applies to certain employees of UGL Resources (Contracting) Pty Ltd (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 18 November 2022. 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 17 December 2022.
On 8 December 2022, 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 17 December 2022, the extension period will operate from 17 December 2022.
An order has been separately issued in PR748778.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR748779>
- AGLC
- The Australian Workers' Union v UGL Resources (Contracting) Pty Ltd [2022] FWC 3255
- Case
- [2022] FWC 3255
- Decision Date
CaseChat Overview and Summary
The legal issue before the Commission was whether the extension of the 30-day period for protected action was appropriate under section 459(3) of the Act. The application was made by the Australian Workers' Union, which had been issued the protected action ballot order, and the period in question had not been previously extended. The Commission needed to assess whether the requirements of section 459 were met and whether the extension was justified.
The Commission considered the application under section 459(3) of the Fair Work Act 2009, which allows for the extension of the 30-day period for protected action if certain conditions are satisfied. The Commission noted that the requirements of the Act were met, and no prior extension had been made. Consequently, the Commission determined that extending the 30-day period was appropriate and issued an order for the extension. The new period would commence from 17 December 2022, extending the original period until a later date.
The Commission issued an order extending the 30-day period for protected action from 17 December 2022. This extension allows the Australian Workers' Union to continue the authorised industrial action beyond the initial period, providing additional time for the negotiations and actions related to the dispute.
Orders
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Background
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