United Workers' Union v Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst

[2024] FWC 752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

United Workers' Union
v

Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst

(B2024/233)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 MARCH 2024

Application to extend the 30 day period in relation to B2024/123

This matter concerns the declaration of the result of a protected action ballot (PR771457) held in matter B2024/123 and declared on 29 February 2024.

The United Workers’ Union (UWU or Applicant) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application made by the UWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst (Godfrey Hirst) has advised the Commission it does not object to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible UWU members employed by Godfrey Hirst be extended by a further 30 days.

This order will operate on and from 22 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission dealt with an application from the United Workers' Union (UWU) to extend the period during which industrial action was authorised by a protected action ballot for its members employed by Godfrey Hirst Australia Pty Ltd. The matter was declared and the ballot result was announced on 29 February 2024. The UWU applied under section 459(3) of the Fair Work Act 2009 to extend the 30-day period for industrial action from the declaration date. Godfrey Hirst did not object to the application.

The key legal issue before the Commission was whether the UWU's application met the requirements of section 459(3) of the Fair Work Act 2009. Specifically, the Commission needed to determine if the 30-day period could be extended by up to 30 days, and if both conditions of the section were satisfied. The UWU argued that both conditions were met and the extension should be granted.

The Deputy President of the Fair Work Commission, Hampton, found that the UWU's application met the requirements of section 459(3) of the Act. The Commission was satisfied that the period had not previously been extended, and Godfrey Hirst did not object to the application. Therefore, the Deputy President granted the UWU's application and ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, from 22 March 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established