United Workers' Union v Commissioner for Public Employment (Northern Territory Correctional Service)

[2022] FWC 3377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union
v

Commissioner for Public Employment (Northern Territory Correctional Service)

(B2022/1855)

VICE PRESIDENT CATANZARITI

SYDNEY, 23 DECEMBER 2022

Application to extend the 30 day period in relation to B2022/1745

On 23 December 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, PR748196 made on 23 November 2022. The Order applies to certain employees of Commissioner for Public Employment (Northern Territory Correctional Service) (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 9 December 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 7‎ ‎January‎ ‎2023.

On 23 December 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 7‎ ‎January‎ ‎2023, the extension period will operate from 7‎ ‎January‎ ‎2023.

An order has been separately issued in PR749275.

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 action authorised by a protected action ballot order, PR748196, which was made on 23 November 2022. The ballot concerned certain employees of the Commissioner for Public Employment (Northern Territory Correctional Service). The result of the ballot, which endorsed the proposed forms of protected industrial action, was declared on 9 December 2022. Under the Fair Work Act 2009, the 30-day period for protected action expired at midnight on 7 January 2023.

The legal issue before the Commission was whether the 30-day period for protected action could be extended under section 459(3) of the Fair Work Act 2009. The Commission had to determine whether the relevant requirements of section 459 of the Act had been met and whether an extension was appropriate. The Commission noted that the 30-day period had not been previously extended.

The Commission considered the application on the basis of the documentation filed. The Respondent did not oppose the United Workers' Union's application. The Commission was satisfied that each of the relevant requirements of section 459 of the Act had been met and that a 30-day extension was appropriate. Therefore, the 30-day extension period would operate from 7 January 2023.

An order was issued in PR749275 extending the 30-day period for protected action from 7 January 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established