United Workers' Union v DHL Supply Chain (Australia) Pty Ltd Summary

[2022] FWC 106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union
v

DHL Supply Chain (Australia) Pty Ltd

(B2022/23)

VICE PRESIDENT CATANZARITI

SYDNEY, 21 JANUARY 2022

Application to extend the 30 day period in relation to B2021/1196

On 18 January 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, PR736595 made on 9 December 2021. The Order applies to certain employees of DHL Supply Chain (Australia) Pty Ltd (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 22 December 2021. 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 expired at midnight on 20 January 2022.

On 19 January 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 expired at midnight on 20 January 2022, the extension period will operate from 20 January 2022.

An order has been separately issued in PR737655.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union sought an extension of the 30-day period for protected action, authorised by a protected action ballot order, against DHL Supply Chain (Australia) Pty Ltd. The application was brought before the Fair Work Commission under section 459(3) of the Fair Work Act 2009. The ballot result, declared on 22 December 2021, authorised protected industrial action by a majority of the relevant employees, and the 30-day period for taking such action expired on 20 January 2022. The Union's application was made on 18 January 2022, and the Respondent did not oppose the application. The legal issue before the Commission was whether the requirements of section 459 of the Act were satisfied to permit an extension of the 30-day period for protected action.

The Commission found that the requirements of section 459 of the Act were satisfied. The Union was the Applicant for which the protected action ballot order was issued, and the 30-day period had not been previously extended. The Commission was satisfied that a 30-day extension was appropriate, and the extended period would operate from 20 January 2022. The Commission made an order in PR737655 to extend the 30-day period for protected action from 20 January 2022.

The Fair Work Commission granted the United Workers' Union's application to extend the 30-day period for protected action authorised by the protected action ballot order. The extension period will operate from 20 January 2022. The Commission found that the requirements of section 459 of the Fair Work Act 2009 were satisfied, and the 30-day period had not been previously extended. The Commission considered the application on the material before it and made an order in PR737655 to extend the period for protected action.

United Workers' Union v DHL Supply Chain (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established