United Workers' Union v Paper Australia Pty Ltd T/A Opal Australian Paper

[2023] FWC 3418

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

Paper Australia Pty Ltd T/A Opal Australian Paper

(B2023/1380)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 DECEMBER 2023

Application to extend the 30 day period in relation to B2023/1256

This matter concerns the declaration of the result of a protected action ballot (PR768333) held in matter B2023/1256 and declared on 30 November 2023.

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.

Paper Australia Pty Ltd T/A Opal Australian Paper (Opal) 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 Opal be extended by a further 30 days.

This order will operate on and from 20 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union (UWU) sought an extension of the 30-day period for protected industrial action against Paper Australia Pty Ltd T/A Opal Australian Paper, as authorised by a protected action ballot. The Fair Work Commission, under the Fair Work Act 2009, considered this application. The legal issue before the Commission was whether the statutory requirements for extending the 30-day period were satisfied. The UWU's application was made under section 459(3) of the Act, which allows for an extension if the applicant applies for it and the period has not previously been extended. The Commission had to determine if these conditions were met and if the extension was warranted.

The Commission found that the UWU had complied with the statutory requirements for the extension of the 30-day period. There was no objection from Paper Australia Pty Ltd T/A Opal Australian Paper, and the period had not been extended previously. The Deputy President, Hampton, concluded that the application should be granted. The decision hinged on the interpretation and application of section 459(3) of the Fair Work Act 2009, ensuring that the legal framework for extending the industrial action period was properly adhered to. The decision was made on 20 December 2023, and the order extended the 30-day period by a further 30 days.

The Fair Work Commission's decision to extend the 30-day period for the commencement of protected industrial action was grounded in the statutory provisions of the Fair Work Act 2009. The Deputy President Hampton's ruling was that the UWU's application met the requirements for an extension as stipulated in section 459(3) of the Act. The lack of objection from the respondent, Paper Australia Pty Ltd T/A Opal Australian Paper, further supported the grant of the extension. The final order extended the authorised period for protected industrial action by a further 30 days, effective from 20 December 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established