United Workers' Union v Commissioner for Public Employment (T/A Northern Territory Fire and Rescue Service)

[2022] FWC 714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union
v

Commissioner for Public Employment (T/A Northern Territory Fire and Rescue Service)

(B2022/247)

VICE PRESIDENT CATANZARITI

BRISBANE, 30 MARCH 2022

Application to extend the 30 day period in relation to B2022/67

On 28 March 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, PR738335 made on 14 February 2022. The Order applies to certain employees of the 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 1 March 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 30 March 2022.

On 28 March 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 30 March 2022, the extension period will operate from 30 March 2022.

An order has been separately issued in PR739868.

VICE 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 30-day period for protected action as authorised by a ballot order for certain employees of the Northern Territory Fire and Rescue Service. The application was made under section 459(3) of the Fair Work Act 2009, following the declaration of the ballot results on 1 March 2022, which showed that a majority of the employees endorsed the proposed forms of protected industrial action. The 30-day period for protected action began on the date of the declaration and was set to expire at midnight on 30 March 2022. The Northern Territory Fire and Rescue Service did not oppose the application.

The legal issues before the Commission were whether the United Workers’ Union had met all the requirements under section 459 of the Fair Work Act 2009 to extend the 30-day period for protected action, and whether such an extension was appropriate. The Commission noted that the period had not been previously extended and determined the matter based on the documentation provided. The Vice President was satisfied that all relevant requirements had been met and that an extension was appropriate.

Accordingly, the Commission granted the application for an extension of the 30-day period for protected action. The extended period began from 30 March 2022, the date the original 30-day period was set to expire. An order was subsequently issued in PR739868 to reflect this decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established