United Workers' Union v MSS Security Pty Limited T/A MSS Security Summary

[2024] FWC 769

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

MSS Security Pty Limited T/A MSS Security

(B2024/256)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 26 MARCH 2024

Application to extend the 30 day period in relation to B2024/96

This matter concerns the declaration of the result of a protected action ballot (PR771055) held in matter B2024/96 and declared on 23 February 2024.

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

MSS Security Pty Limited T/A MSS Security (MSS Security) has advised the Commission it does not object 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 MSS Security be extended by a further 30 days.

This order will operate on and from 26 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of United Workers' Union v MSS Security Pty Limited T/A MSS Security before the Fair Work Commission involved the United Workers' Union (UWU) seeking an extension of the 30-day period within which industrial action could be undertaken, as authorised by a protected action ballot. The decision was made by Deputy President Hampton on 26 March 2024. The application was made under section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission to extend the 30-day period for the commencement of protected industrial action if certain conditions are met.

The legal issue for the court to determine was whether the UWU had fulfilled the requirements under section 459(3) of the Act to extend the 30-day period. The UWU argued that it had met all the necessary criteria for the extension and that the period should be extended by a further 30 days. MSS Security did not oppose the application. The court had to assess whether the application was made by an applicant for the protected action ballot order, and whether the period had not already been extended.

The Fair Work Commission found that the UWU had met the requirements under the Act for the extension of the 30-day period. The Commission noted that MSS Security did not object to the application, further supporting the UWU's position. The Deputy President was satisfied that the UWU had fulfilled the statutory criteria and granted the application accordingly. The court ordered that the 30-day period for the commencement of protected industrial action for eligible UWU members employed by MSS Security be extended by a further 30 days, effective from 26 March 2024.

United Workers' Union v MSS Security Pty Limited T/A MSS Security

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established