United Workers' Union v Longwarry Food Park Pty Ltd

[2023] FWC 2792

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

Longwarry Food Park Pty Ltd

(B2023/1152)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/933

This matter concerns the declaration of the result of a protected action ballot (PR765891) held in matter B2023/933 and declared on 28 September 2023.

The United Workers’ Union (UWU) 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.

The Respondent has not advised the Commission of any 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 Longwarry Food Park Pty Ltd 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 Fair Work Commission was asked to consider an application from the United Workers' Union to extend the 30-day period during which industrial action could be authorised by a protected action ballot held in relation to Longwarry Food Park Pty Ltd. The application sought an extension of the period in which industrial action could be taken by union members against the employer, as authorised by the ballot. The employer, Longwarry Food Park Pty Ltd, did not oppose the application.

The legal issue before the Deputy President was whether the United Workers' Union had satisfied the requirements under section 459(3) of the Fair Work Act 2009 for the extension of the 30-day period. This required the Deputy President to determine if the application was made by an applicant for the protected action ballot order and if the period had not previously been extended. Given that the employer did not oppose the application, and the requirements of the Act appeared to have been met, the Deputy President found that the application should be granted.

In reaching the decision, the Deputy President noted that the Union had fulfilled the statutory requirements for an extension of the protected action period. The Deputy President was satisfied that the application met the criteria set out in section 459(3) of the Act and granted the application, extending the 30-day period for protected industrial action by a further 30 days. The order took effect from 25 October 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established