United Workers' Union v Commissioner for Public Employment (Northern Territory Fire and Rescue Service)

[2023] FWC 6

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union
v

Commissioner for Public Employment (Northern Territory Fire And Rescue Service)

(B2022/1856)

VICE PRESIDENT CATANZARITI

SYDNEY, 3 JANUARY 2023

Application to extend the 30 day period in relation to B2022/1746

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, PR748198 made on 23 November 2022. The Order applies to certain employees of Commissioner for Public Employment (Northern Territory Fire And Rescue 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 3 January 2023, 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 PR749350.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (the Commission) was asked by the United Workers' Union (the Union) to extend the 30-day period for protected action authorised by a protected action ballot order made on 23 November 2022. This order applied to certain employees of the Commissioner for Public Employment (Northern Territory Fire and Rescue Service) (the Employer). The ballot result, which showed that a majority of the relevant employees supported the proposed forms of protected industrial action, was announced on 9 December 2022. The 30-day period for protected action began on the date of the ballot result declaration and therefore ends on 7 January 2023. The Employer informed the Commission that they did not oppose the Union's application to extend the 30-day period for protected industrial action.

The legal issues before the Commission were whether the Union met the requirements of section 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30-day period for protected action. The Union argued that the extension was appropriate and that the relevant requirements of section 459 of the Act had been met. The Employer did not oppose the application. The Commission considered the documentation filed and determined that the Union had met the requirements of section 459(3) of the Act. The Commission was satisfied that a 30-day extension was appropriate and that the extension period would operate from 7 January 2023.

The Commission found that the Union had met all the relevant requirements of section 459 of the Act and that the extension of the 30-day period for protected action was appropriate. The Commission considered the material before it and determined that the Union had met the requirements of section 459(3) of the Act. The Commission was satisfied that the extension was appropriate and that the extension period would operate from 7 January 2023. An order has been separately issued in PR749350.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established