United Workers' Union v Schenker Australia Pty Ltd T/A DB Schenker Summary

[2024] FWC 757

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

Schenker Australia Pty Ltd T/A DB Schenker

(B2024/234)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 MARCH 2024

Application to extend the 30 day period in relation to B2024/117

This matter concerns the declaration of the result of a protected action ballot (PR771280) held in matter B2024/117 and declared on 28 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.

Schenker Australia Pty Ltd T/A DB Schenker (DB Schenker) 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 DB Schenker be extended by a further 30 days.

This order will operate on and from 22 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the United Workers' Union (UWU) applied for an extension of the 30-day period in which industrial action is authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009 in relation to a protected action ballot held in matter B2024/117. The application sought to extend the period by a further 30 days. DB Schenker, the employer, did not object to the application. The Deputy President of the Commission was satisfied that the application met the statutory requirements and thus granted the extension.

The legal issue before the Deputy President was whether the UWU had met the criteria set out in section 459(3) of the Act for extending the period in which industrial action could be taken. This required the UWU to demonstrate that it had applied for the extension and that the period had not already been extended previously. The Deputy President found that the UWU had satisfied these conditions.

In granting the application, the Deputy President noted that section 459(3) of the Act allows the Fair Work Commission to extend the 30-day period if certain criteria are met. The Deputy President found that the UWU had indeed applied for the extension and that the period had not been extended previously. DB Schenker did not object to the application, which further supported the granting of the extension. Therefore, the Deputy President concluded that the application should be granted.

The final order extended the 30-day period for the commencement of protected industrial action by UWU members employed by DB Schenker by a further 30 days. This order was effective from 22 March 2024.

United Workers' Union v Schenker Australia Pty Ltd T/A DB Schenker

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established