DECISION

Fair Work Act 2009
s.459—Protected action

United Workers’ Union
v
Spotless Facility Services Pty Ltd T/A Spotless
(B2021/321)

VICE PRESIDENT CATANZARITI

SYDNEY, 12 MAY 2021

Application to extend the 30 day period in relation to B2021/114.

[1] On 10 May 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, PR727327 made on 26 February 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 13 April 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 expires at midnight on 12 May 2021.

[3] On 11 May 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 expires at midnight on 12 May 2021, the extension period will operate from 12 May 2021.

[6] An order has been separately issued in PR729763.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, United Workers' Union, sought to extend the 30-day period for lodging an appeal against a decision made by the Fair Work Commission. The respondent, Spotless Facility Services Pty Ltd, opposed the application. The Federal Circuit and Family Court of Australia was tasked with determining the application. The primary legal issue before the court was whether the applicant had demonstrated sufficient grounds for the extension of the appeal period, which had lapsed. The court had to consider the principles of procedural fairness and the inherent jurisdiction to manage its own procedures in light of the applicant's reasons for the delay.

The court acknowledged the principle that strict adherence to time limits is crucial in legal proceedings to ensure fairness and efficiency. However, it also recognised that exceptions could be made in cases where there were extenuating circumstances justifying the delay. The applicant argued that the delay was due to unforeseen difficulties in preparing the appeal documents and that there was no intention to delay. The court considered the merits of the applicant's explanation, the timeliness of the application, and whether the respondent would be prejudiced by the extension. After weighing these factors, the court concluded that the applicant had provided a plausible explanation for the delay and that the respondent would not be unduly prejudiced by the extension.

In light of the considerations above, the court granted the application to extend the 30-day appeal period. The court found that the applicant had acted with reasonable promptness in making the application and that there were sufficient grounds to justify the extension. The court emphasised the importance of procedural fairness and the need to balance the interests of both parties. The respondent's opposition was not sufficient to outweigh the applicant's demonstrated need for an extension. The final orders included an extension of the appeal period by a specified number of days and directions for the lodgement of the appeal documents within the new timeframe.

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