United Workers' Union v Lactalis Australia Pty Ltd T/A Lactalis Australia

[2023] FWC 2794

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

Lactalis Australia Pty Ltd T/A Lactalis Australia

(B2023/1151)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 25 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/931

This matter concerns the declaration of the result of a protected action ballot PR765875 held in matter B2023/931 and declared on 28 September 2023.

The United Workers’ Union (UWU or the 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 Applicant contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Lactalis Australia Pty Ltd trading as Lactalis Australia (the Respondent) has advised the Commission it has no objection 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 the Respondent be extended by a further 30 days.

This order will operate on and from 25 October 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 to extend the 30-day period for protected industrial action authorised by a ballot held under matter B2023/931. The application was made under section 459(3) of the Fair Work Act 2009. Lactalis Australia Pty Ltd, trading as Lactalis Australia, did not object to the application. The Commission was required to determine whether the conditions in section 459(3) of the Act had been met to allow for the extension of the 30-day period.

Section 459(3) of the Act permits an extension of the 30-day period if the applicant for the protected action ballot order applies to the Commission for the extension and the period has not been previously extended. The Deputy President found that the UWU had met the requirements under the Act and that the application should be granted. The Deputy President noted that Lactalis Australia had no objections to the extension and that the conditions for the extension were satisfied.

In light of the findings, the Deputy President granted the application and extended the 30-day period for the commencement of protected industrial action for eligible UWU members employed by Lactalis Australia by a further 30 days. This extension took effect from 25 October 2023. The decision was made pursuant to section 459(3) of the Act, and the order was made accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established