United Workers' Union v Linfox Australia Pty Ltd Summary

[2022] FWC 2629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union

Linfox Australia Pty Ltd

(B2022/1458)

VICE PRESIDENT CATANZARITI

SYDNEY, 29 SEPTEMBER 2022

Application to extend the 30 day period in relation to B2022/1236

On 27 September 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, PR744936 made on 18 August 2022. The Order applies to certain employees of Linfox 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 1 September 2022. 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 expires at midnight on 30 September 2022.

On 27 September 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 expires at midnight on 30 September 2022, the extension period will operate from 30 September 2022.

An order has been separately issued in PR746336.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union (Applicant) applied to the Fair Work Commission (Commission) for an extension of the 30-day period for protected action authorised by a protected action ballot order, PR744936, which was made on 18 August 2022. The Order applies to certain employees of Linfox Australia Pty Ltd (Respondent). The ballot result, which endorsed the proposed forms of protected industrial action, was declared on 1 September 2022. Under section 459(1)(d)(i) of the Fair Work Act 2009 (Cth) (the Act), the 30-day period for protected action began on the date of the ballot result declaration and would expire at midnight on 30 September 2022. The Respondent did not oppose the Applicant’s application to extend the 30-day period for protected industrial action.

The legal issues the court was required to decide were whether the application met the requirements of section 459(3) of the Act and whether the 30-day period for protected action could be extended. Section 459(3) of the Act permits an application by the union for an extension of the specified period. The court had to consider the documentation filed by the Applicant and whether the relevant requirements of section 459 of the Act had been met.

The court found that the Applicant met the requirements of section 459(3) of the Act and that a 30-day extension was appropriate. The court was satisfied that the period specified in section 459(1)(d)(i) of the Act had not been previously extended. The extension period would operate from 30 September 2022. An order was separately issued in PR746336.

United Workers' Union v Linfox 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