United Workers' Union v JBS Australia Pty Limited

[2023] FWC 2282

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

JBS Australia Pty Limited

(B2023/928)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 7 SEPTEMBER 2023

Application to extend the 30 day period in relation to B2023/734

This matter concerns the declaration of the result of a protected action ballot (PR764474) held in matter B2023/734 and declared on 7 August 2023.

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.

JBS Australia Pty Limited (JBS Australia) 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 JBS Australia be extended by a further 30 days.

This order will operate on and from 7 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union (UWU) applied to the Fair Work Commission (FWC) to extend the 30-day period in which industrial action could be taken, as authorised by a protected action ballot. The application was in relation to matter B2023/734, where the result of a protected action ballot was declared on 7 August 2023. JBS Australia Pty Limited did not oppose the application.

The legal issue before the FWC was whether the 30-day period for the commencement of protected industrial action, as authorised by the ballot, could be extended. Section 459(3) of the Fair Work Act 2009 provides that the FWC may extend the 30-day period if the applicant for the protected action ballot order applies for the extension and if the period has not previously been extended. The FWC needed to determine if the UWU's application met these requirements and if so, whether the application should be granted.

The FWC determined that the UWU's application satisfied the requirements of the Act. The UWU had applied for the extension within the required timeframe, and the 30-day period had not been previously extended. Therefore, the FWC was satisfied that the application should be granted. The Deputy President Hampton concluded that the period for the commencement of protected industrial action should be extended by a further 30 days.

In conclusion, the FWC granted the UWU's application and ordered that the 30-day period for the commencement of protected industrial action for eligible UWU members employed by JBS Australia be extended by a further 30 days. The order took effect from 7 September 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established