United Workers' Union v Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

[2024] FWC 1021

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

Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia

(B2024/454)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 18 APRIL 2024

Application to extend the 30 day period in relation to B2024/88

This matter concerns the declaration of the result of a protected action ballot (PR771003) held in matter B2024/88 and declared on 20 March 2024.

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.

Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia (Employer) have not advised the Commission of any objections 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 the Employer be extended by a further 30 days.

This order will operate on and from 18 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers’ Union (UWU) filed an application with the Fair Work Commission (FWC) seeking to extend the 30-day period during which industrial action is authorised by a protected action ballot. The dispute originated from a ballot (PR771003) held in relation to matter B2024/88, which was declared on 20 March 2024. The application was made under section 459(3) of the Fair Work Act 2009 (Act), which allows for the extension of the 30-day period if certain conditions are met. The employer, Quality Bakers Australia Pty Limited T/A Goodman Fielder Australia, did not object to the application.

The legal issues before the FWC centred on whether the UWU's application satisfied the statutory criteria for extending the 30-day period under section 459(3) of the Act. The UWU argued that the application met all necessary requirements, and thus, the period should be extended by a further 30 days. The Deputy President Hampton was tasked with determining if the application complied with the conditions set out in the Act and if the extension was warranted.

In considering the application, the Deputy President Hampton found that the UWU had fulfilled the statutory requirements and that the period should be extended by an additional 30 days. The employer had not raised any objections, and the Deputy President was satisfied with the application's compliance with the Act. Consequently, the application was granted, and the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 18 April 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established