| [2022] FWC 1621 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
United Workers’ Union
v
Serco Australia Pty Limited
(B2022/608)
| VICE PRESIDENT CATANZARITI | SYDNEY, 24 JUNE 2022 |
Application to extend the 30 day period in relation to B2022/415
On 22 June 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, PR741464 made on 11 May 2022. The Order applies to certain employees of Serco Australia Pty Limited (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 26 May 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 24 June 2022.
On 23 June 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.
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 expires at midnight on 24 June 2022, the extension period will operate from 24 June 2022.
An order has been separately issued in PR743020.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR743021>
- AGLC
- United Workers' Union v Serco Australia Pty Limited [2022] FWC 1621
- Case
- [2022] FWC 1621
- Decision Date
CaseChat Overview and Summary
The legal issues at hand involved the interpretation and application of section 459 of the Fair Work Act 2009, specifically concerning the conditions and requirements for extending the authorised period for protected industrial action. The primary consideration was whether the application met all the statutory requirements and whether an extension was warranted given the circumstances. The Commission's decision hinged on verifying that the statutory criteria were satisfied and that the extension would serve the interests of fair industrial relations.
In deciding the matter, the Vice President of the Fair Work Commission examined the statutory provisions and the documentation provided by the United Workers' Union. The Commission found that all necessary conditions under section 459 of the Act had been met, including the fact that the original 30-day period had not been previously extended. Consequently, the Vice President determined that a 30-day extension was appropriate and issued an order accordingly. The extension was set to commence from the expiration of the original 30-day period, ensuring continuity and fairness in the industrial relations process.
The final order extended the period for protected action from 24 June 2022, thereby allowing the union to proceed with the authorised industrial action within the extended timeframe. This decision was documented and issued as PR743020, formalising the extension and providing clarity for all parties involved.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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