United Workers' Union v Ricegrowers Limited T/A SunRice, CopRice Feeds and Australian Grain Storage Pty Ltd

[2022] FWC 86

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union
v

Ricegrowers Limited T/A SunRice, CopRice Feeds and Australian Grain Storage Pty Ltd

(B2022/16)

VICE PRESIDENT CATANZARITI

SYDNEY, 19 JANUARY 2022

Application to extend the 30 day period in relation to B2021/1166

On 14 January 2022, 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, PR736367 made on 2 December 2021. The Order applies to certain employees of Ricegrowers Limited T/A SunRice, CopRice Feeds and Australian Grain Storage Pty Ltd (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 20 December 2021. 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 expired at midnight on 18 January 2022.

The Respondent neither consented nor objected to 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.

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.

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 expired at midnight on 18 January 2022, the extension period will operate from 18 January 2022.

An order has been separately issued in PR737588.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union sought an extension of the 30-day period for protected action under section 459(3) of the Fair Work Act 2009, applicable to certain employees of Ricegrowers Limited T/A SunRice, CopRice Feeds and Australian Grain Storage Pty Ltd. The relevant employees had endorsed forms of protected industrial action in a ballot declared on 20 December 2021, resulting in a 30-day period for the action that expired on 18 January 2022. The employer neither consented nor objected to the union's application for an extension. The Commission needed to decide whether to grant the extension and determine the appropriate duration.

The primary legal issue before the Commission was whether the 30-day period for protected industrial action could be extended under section 459(3) of the Act, and if so, what the appropriate duration of the extension should be. The Act allows for an extension if certain conditions are met, including that the period has not previously been extended. The union argued that the extension was necessary due to the complexity of the issues involved in the industrial dispute. The employer did not object to the application, leaving the Commission to make a determination based on the material provided.

The Fair Work Commission found that the union's application met the requirements of section 459(3) of the Act. Since the 30-day period for protected action had not been previously extended, and the union had provided sufficient justification for an extension, the Commission was satisfied that the extension was appropriate. The Commission granted a 30-day extension, effective from the date the original period expired, 18 January 2022. An order was issued separately in PR737588 to reflect the Commission's decision.

The Fair Work Commission granted the United Workers' Union's application for an extension of the 30-day period for protected industrial action. The extension was set to operate from 18 January 2022, thereby extending the period for protected action by an additional 30 days. This decision ensures that the union can continue to pursue the industrial action authorised by the original ballot order, provided the action remains within the bounds set by the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established