United Workers' Union v Blowflex Mouldings Pty Ltd Summary

[2023] FWC 2808

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

Blowflex Mouldings Pty Ltd

(B2023/1156)

DEPUTY PRESIDENT HAMPTON

HOBART, 26 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/940

This matter concerns the declaration of the result of a protected action ballot (PR765930) held in matter B2023/940 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 Blowflex Mouldings Pty Ltd be extended by a further 30 days.

This order will operate on and from 26 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application from the United Workers’ Union to extend the period within which industrial action could be taken by its members, following a protected action ballot held in relation to Blowflex Mouldings Pty Ltd. The application sought an extension of the 30-day period allowed under section 459(3) of the Fair Work Act 2009, which sets out the conditions for such an extension. The Union argued that all criteria for an extension were met, and that the time period should be extended by an additional 30 days. The respondent, Blowflex Mouldings Pty Ltd, did not object to the application.

The key legal issue before the Commission was whether the application by the United Workers’ Union met the statutory requirements for an extension of the 30-day period, as outlined in section 459(3) of the Act. Specifically, the Commission needed to determine whether the Union had applied for the extension and whether the period had not been extended previously. The Union asserted that both conditions were satisfied. Given that the respondent had not raised any objections, the Commission found that the Union's application was valid.

In making its decision, the Commission considered the statutory criteria for an extension and the fact that the Union had met both conditions. The Deputy President concluded that the application should be granted, thereby extending the 30-day period for the commencement of protected industrial action for eligible members of the Union employed by Blowflex Mouldings Pty Ltd by a further 30 days. The order was made effective from 26 October 2023.

United Workers' Union v Blowflex Mouldings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established