United Workers' Union v Sealed Air Australia Pty Limited T/A Sealed Air Australia Summary

[2023] FWC 2947

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

Sealed Air Australia Pty Limited T/A Sealed Air Australia

(B2023/1226)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 10 NOVEMBER 2023

Application to extend the 30 day period in relation to B2023/1043

This matter concerns the declaration of the result of a protected action ballot (PR766862) held in matter B2023/1043 and declared on 17 October 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 Applicant contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Sealed Air Australia Pty Limited T/A Sealed Air Australia (Sealed Air) has advised the Commission it has no 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 Sealed Air be extended by a further 30 days.

This order will operate on and from 10 November 2023.

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 to extend the 30-day period during which industrial action could be taken by its members, as authorised by a protected action ballot. The application was made against Sealed Air Australia Pty Limited T/A Sealed Air Australia, following the declaration of a protected action ballot held on 17 October 2023. The UWU sought an extension under section 459(3) of the Fair Work Act 2009, which allows for an additional 30-day period if the applicant applies for the extension and the period has not been previously extended. Sealed Air did not object to the application.

The legal issue before the Commission was whether the UWU's application met the statutory criteria for an extension, specifically under section 459(3) of the Act. The UWU argued that all necessary conditions were satisfied for the extension, and Sealed Air did not contest the application. The Deputy President was required to determine if the application met the statutory requirements and if the extension should be granted.

The Deputy President found that the UWU's application satisfied the requirements of section 459(3) of the Act. The period had not been previously extended, and Sealed Air had no objections to the application. The Deputy President concluded that the application should be granted, and accordingly, the 30-day period for the commencement of protected industrial action was extended by a further 30 days.

The final orders of the Commission were that the 30-day period for the commencement of protected industrial action for eligible UWU members employed by Sealed Air be extended by a further 30 days, effective from 10 November 2023.

United Workers' Union v Sealed Air Australia Pty Limited T/A Sealed Air Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established