United Workers' Union v Australia Pharmaceutical Industries Pty Ltd Summary

[2023] FWC 1607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

United Workers' Union
v

Australia Pharmaceutical Industries Pty Ltd

(B2023/664)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 30 JUNE 2023

Application to extend the 30 day period in relation to B2023/461

This matter concerns the declaration of the result of a protected action ballot (PR761978) held in matter B2023/461 and declared on 2 June 2023.

The United Workers' Union (UWU) 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 UWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Australia Pharmaceutical Industries Pty Ltd has not advised the Commission it has 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.

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 UWU members employed by Australia Pharmaceutical Industries Pty Ltd be extended by a further 30 days.

This order will operate on and from 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union (UWU) sought an extension of the 30-day period in which industrial action could be authorised following a protected action ballot, under section 459(3) of the Fair Work Act 2009, before the Fair Work Commission. The relevant protected action ballot had been held and declared on 2 June 2023 in matter B2023/461. The applicant contended that the requirements of the Act had been met and that the period should be extended by a further 30 days. Australia Pharmaceutical Industries Pty Ltd did not object to the application.

The key legal issue for the Commission was whether the application met the statutory requirements for an extension of the 30-day period. The Deputy President considered whether the applicant had applied to the Commission for an extension and whether the period had not previously been extended. The Deputy President found that the application met the requirements of the Act, as there was no objection from the respondent and the statutory conditions were satisfied.

The Deputy President concluded that the application should be granted, as the requirements of the Act had been met and there was no objection from the respondent. The Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible UWU members employed by Australia Pharmaceutical Industries Pty Ltd be extended by a further 30 days. The order will operate from 30 June 2023.

United Workers' Union v Australia Pharmaceutical Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established