United Workers' Union v Lineage Aus TRS Pty Limited

[2024] FWC 1109

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

Lineage Aus TRS Pty Limited

(B2024/490)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 29 APRIL 2024

Application to extend the 30 day period in relation to B2024/215.

This matter concerns the declaration of the result of a protected action ballot (PR772302) held in matter B2024/215 and declared on 28 March 2024.

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

Lineage Aus TRS Pty Limited (Employer) 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 AWU members employed by the employer be extended by a further 30 days.

This order will operate on and from 29 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the United Workers' Union to extend the 30-day period in which industrial action could be authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009 and related to the ballot declared on 28 March 2024. The employer, Lineage Aus TRS Pty Limited, indicated no objection to the application. The Union sought an extension of the period by a further 30 days, asserting that all statutory requirements had been fulfilled.

The legal issue before the Commission was whether the Union's application met the criteria set out in section 459(3) of the Fair Work Act. Specifically, the court needed to determine if the Union had applied for an extension within the stipulated timeframe and whether the period had not previously been extended. The Union argued that the requirements had been satisfied, and the Commission needed to assess the validity of these claims. The employer's lack of objection further simplified the decision-making process.

Upon review, the Deputy President of the Fair Work Commission, Hampton, concluded that the Union's application met the statutory requirements. The Commission found that the Union had indeed applied for the extension before the 30-day period expired, and this was the first such extension sought. Consequently, the application was granted, and the 30-day period for commencing protected industrial action was extended by an additional 30 days, effective from 29 April 2024. The decision was based on the Union's compliance with the procedural prerequisites outlined in the Act.

The final order of the Fair Work Commission extended the authorised period for protected industrial action by an additional 30 days, bringing the total to 60 days. This extension applied to eligible members of the Union employed by Lineage Aus TRS Pty Limited, starting from 29 April 2024. The decision was rendered on the basis that the Union had fulfilled the statutory requirements for an extension, and the employer had not opposed the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established