United Workers' Union v BDD Milk Pty Ltd Summary

[2023] FWC 2793

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

BDD Milk Pty Ltd

(B2023/1155)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/943

This matter concerns the declaration of the result of a protected action ballot (PR765953) held in matter B2023/943 and declared on 28 September 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.

The Respondent has not advised the Commission of 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 BDD Milk Pty Ltd be extended by a further 30 days.

This order will operate on and from 25 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission recently considered an application by the United Workers' Union (UWU) to extend the 30-day period for protected industrial action authorised by a protected action ballot. The application was made in relation to matter B2023/943, which concerned employees of BDD Milk Pty Ltd. The Commission was required to determine whether the application met the criteria for extension under section 459(3) of the Fair Work Act 2009. The UWU argued that the application satisfied the statutory requirements for an extension and that the period should be extended by a further 30 days. The Respondent, BDD Milk Pty Ltd, did not object to the application.

The Commission considered the statutory criteria for an extension under section 459(3) of the Act. The section permits an extension of the 30-day period if the applicant for the protected action ballot order applies to the Commission for an extension and the period has not previously been extended. The Deputy President concluded that the application met the criteria for an extension, as the UWU had applied for the extension and the period had not previously been extended. Accordingly, the application was granted.

The Fair Work Commission ordered that the 30-day period for the commencement of protected industrial action for eligible UWU members employed by BDD Milk Pty Ltd be extended by a further 30 days. The order will operate from 25 October 2023. This decision ensures that the UWU can take protected industrial action in pursuit of their industrial objectives for an additional period of time.

United Workers' Union v BDD Milk Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established