United Workers' Union v BDD Milk Pty Ltd

[2022] FWC 2509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union

BDD Milk Pty Ltd

(B2022/1399)

VICE PRESIDENT CATANZARITI

SYDNEY, 19 SEPTEMBER 2022

Application to extend the 30 day period in relation to B2022/1165

On 15 September 2022, the United 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, PR744489 made on 4 August 2022. The Order applies to certain employees of BDD Milk 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 19 August 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 expired at midnight on 17 September 2022.

On 19 September 2022, the Respondent advised the Commission via email that it does not oppose the United 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 United 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 expired at midnight on 17 September 2022, the extension period will operate from 17 September 2022.

An order has been separately issued in PR746001.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union applied to the Fair Work Commission seeking to extend the 30 day period for protected action authorised by a protected action ballot order, PR744489, made on 4 August 2022. The ballot applied to certain employees of BDD Milk Pty Ltd. The result of the ballot, endorsing the proposed forms of protected industrial action, was declared on 19 August 2022. Under section 459(1)(d)(i) of the Fair Work Act 2009 (Cth), the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and expired at midnight on 17 September 2022.

The legal issue before the Commission was whether the Union's application to extend the 30 day period was appropriate. The Union argued that the requirements of section 459(3) of the Act had been met. The Respondent did not oppose the application. The Commission noted that the period specified in section 459(1)(d)(i) of the Act had not been previously extended. The Commission determined that each of the relevant requirements of section 459 of the Act had been met and that a 30 day extension was appropriate. The extension period will operate from 17 September 2022.

The Fair Work Commission has granted the Union's application to extend the 30 day period for protected industrial action. The extension period will operate from 17 September 2022. An order has been separately issued in PR746001.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established