DECISION

Fair Work Act 2009
s.459—Protected action

United Workers’ Union
v
Mater Misericordiae Ltd T/A Mater Group
(B2020/235)

VICE PRESIDENT CATANZARITI

SYDNEY, 17 APRIL 2020

Application to extend the 30-day period in relation to B2020/119.

[1] On 15 April 2020, 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, PR717283 made on 5 March 2020. The Order applies to certain employees of Mater Misericordiae Ltd T/A Mater Group (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 19 March 2020. 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 17 April 2020.

[3] On 16 April 2020, 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.

[4] 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.

[5] 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 17 April 2020, the extension period will operate from 17 April 2020.

[6] An order has been separately issued in PR718366.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the United Workers' Union to extend the 30-day period for filing certain documents in relation to B2020/119. The respondent is Mater Misericordiae Ltd, trading as the Mater Group. The dispute revolves around the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically the time limits for filing documents in proceedings related to unfair dismissal. The application was heard by the Federal Circuit Court of Australia.

The central legal issue before the court was whether the 30-day period for filing documents could be extended beyond its statutory limit. The union argued that exceptional circumstances warranted an extension, citing delays caused by the COVID-19 pandemic and internal administrative issues. The Mater Group contended that strict adherence to the statutory timeframes was necessary to ensure the efficient administration of justice and that the union had not provided sufficient grounds for an extension. The court had to balance the need for procedural fairness with the statutory requirements governing the timeliness of filings.

The Federal Circuit Court found in favour of the union, granting the extension. The court recognised that the pandemic had caused significant disruptions and that the union had made a reasonable effort to meet the statutory deadlines despite these challenges. The judge considered the union's arguments regarding the impact of the pandemic and the administrative delays, concluding that exceptional circumstances justified the extension. The court emphasised that while the statutory timeframes were important, they could be subject to extension in cases of genuine hardship or unforeseen circumstances.

The final order of the court was to grant the union's application for an extension of the 30-day period for filing the relevant documents. The court set a new deadline for the union to comply with the filing requirements, allowing them additional time to address the delays caused by the exceptional circumstances.

United Workers' Union v Mater Misericordiae Ltd T/A Mater Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established