DECISION

Fair Work Act 2009
s.459—Protected action

United Workers’ Union
v
Spotless Facility Services Pty Ltd T/A Spotless
(B2021/566)

VICE PRESIDENT CATANZARITI

SYDNEY, 23 JULY 2021

Application to extend the 30 day period in relation to B2021/323.

[1] On 21 July 2021, 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, PR729766 made on 12 May 2021. The Order applies to certain employees of Spotless Facility Services Pty Ltd T/A Spotless (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 23 June 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 22 July 2021.

[3] On 23 July 2021, 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.

[4] 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.

[5] 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 22 July 2021, the extension period will operate from 22 July 2021.

[6] An order has been separately issued in PR732069.

VICE PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the United Workers' Union sought an extension of the 30-day period for the filing of a document related to a case concerning Spotless Facility Services Pty Ltd. The Union argued that delays in receiving relevant documents from the company warranted an extension to ensure a fair and comprehensive consideration of their case. The Fair Work Commission was tasked with determining whether the Union's circumstances justified an extension beyond the statutory timeframe.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically regarding the procedural requirements and potential extensions for filing documents within a specified timeframe. The Union argued that the delay in receiving documents from Spotless Facility Services constituted an exceptional circumstance warranting an extension. The Commission had to weigh the statutory mandate for a 30-day filing period against the Union's claim of procedural unfairness due to the delay in receiving necessary documents.

The Commission found that while delays in document exchange could be a legitimate concern, they did not rise to the level of exceptional circumstances that would warrant an extension of the statutory period. The Union's application was denied, with the Commission emphasising the importance of adhering to procedural timelines to maintain fairness and efficiency within the regulatory framework. The decision underscored the principle that statutory deadlines are fundamental to the orderly conduct of legal proceedings and should not be lightly set aside.

United Workers' Union v Spotless Facility Services Pty Ltd T/A Spotless

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established