United Workers' Union v Rio Tinto Aluminium Limited T/A Rio Tinto Alcan Gove

[2022] FWC 2989

[2022] FWC 2989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union
v

Rio Tinto Aluminium Limited T/A Rio Tinto Alcan Gove

(B2022/1693)

VICE PRESIDENT CATANZARITI SYDNEY, 10 NOVEMBER 2022

Application to extend the 30 day period in relation to B2022/1447

1. On 9 November 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, PR746266 made on 28 September 2022. The Order applies to certain employees of Rio Tinto Aluminium Limited T/A Rio Tinto Alcan Gove (the Respondent).

1. The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 14 October 2022. 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 12 November 2022.

1. On 10 November 2022, 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.

1. 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.

1. 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 12 November 2022, the extension period will operate from 12 November 2022.

1. An order has been separately issued in PR747821.

VICE PRESIDENT

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