United Workers' Union v City of Darwin

[2022] FWC 1317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union
v

City of Darwin

(B2022/484)

VICE PRESIDENT CATANZARITI

SYDNEY, 26 MAY 2022

Application to extend the 30 day period in relation to B2022/269

On 25 May 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, PR740072 made on 6 April 2022. The Order applies to certain employees of City of Darwin (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 27 April 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 expires at midnight on 26 May 2022.

On 26 May 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 expires at midnight on 26 May 2022, the extension period will operate from 26 May 2022.

An order has been separately issued in PR742025.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union applied to the Fair Work Commission for an extension of the 30-day period for protected industrial action authorised by a ballot order made on 6 April 2022. The relevant employees of the City of Darwin endorsed the proposed forms of protected industrial action by a majority in a ballot held on 27 April 2022. The City of Darwin did not oppose the application to extend the 30-day period for protected action.

The legal issue before the Fair Work Commission was whether the 30-day period for protected industrial action could be extended under section 459 of the Fair Work Act 2009. The Commission considered whether the application met the relevant requirements of the Act and whether a 30-day extension was appropriate. The Commission also noted that the 30-day period had not been previously extended.

The Fair Work Commission determined that the United Workers' Union had met the requirements of section 459 of the Fair Work Act 2009. The Commission was satisfied that a 30-day extension was appropriate given the circumstances of the case. The 30-day extension period will operate from 26 May 2022, the date on which the original 30-day period expires. An order was issued in PR742025 to effect the extension.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established