United Workers' Union v Bunnings Group Limited Summary

[2023] FWC 2848

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

Bunnings Group Limited

(B2023/1176)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 30 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/924

This matter concerns the declaration of the result of a protected action ballot (PR765848) held in matter B2023/924 and declared on 4 October 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 Bunnings Group Limited be extended by a further 30 days.

This order will operate on and from 30 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the United Workers' Union (UWU) applied to extend the 30-day period during which industrial action could be authorised by a protected action ballot. This application arose in the context of a broader dispute with Bunnings Group Limited, involving the declaration of the result of a ballot (PR765848) held and declared on 4 October 2023. The application sought to extend the authorisation period under section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission to extend the 30-day period by up to an additional 30 days if certain conditions are met.

The legal issues before the Deputy President centred on whether the UWU had satisfied the statutory criteria for extending the authorisation period. The UWU argued that they had met the prerequisites for an extension, specifically that they had applied for the extension and that the period had not been previously extended. The Bunnings Group Limited did not object to the application. The Deputy President needed to determine if the statutory conditions were fulfilled and if the application should be granted.

Upon reviewing the application, the Deputy President found that the UWU had indeed met the requirements set out in the Act. The Commission noted that the Bunnings Group Limited had not raised any objections to the application, which further supported the grant of the extension. Therefore, the Deputy President concluded that the application should be approved, and the 30-day period was extended by a further 30 days. This extension would take effect from 30 October 2023.

Consequently, the Fair Work Commission issued an order under section 459(3) of the Fair Work Act 2009, extending the 30-day period for the commencement of protected industrial action by eligible UWU members employed by Bunnings Group Limited by a further 30 days. This decision was made on 30 October 2023, and the order was effective from that date.

United Workers' Union v Bunnings Group Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established