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

[2023] FWC 2499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union
v

Spotless Facility Services Pty Ltd T/A Spotless

(B2023/1027)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 28 SEPTEMBER 2023

Application to extend the 30 day period in relation to B2023/802

This matter concerns the declaration of the result of a protected action ballot (PR764911) held in matter B2023/802 and declared on 29 August 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 UWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Spotless Facility Services Pty Ltd T/A Spotless (Spotless) 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 Spotless be extended by a further 30 days.

This order will operate on and from 28 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the United Workers’ Union sought to extend the 30-day period during which industrial action could be authorised by a protected action ballot held in relation to Spotless Facility Services Pty Ltd. The Union applied under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the period by up to 30 days if certain conditions are met. Specifically, the Union needed to demonstrate that an application for the extension had been made to the Commission and that the period had not previously been extended. Spotless did not object to the Union’s application.

The legal issues before the Commission were whether the Union had satisfied the statutory requirements for an extension and, if so, whether the application should be granted. The Commission needed to consider whether the Union's application was timely and whether there had been a prior extension of the 30-day period. The Union argued that it had fulfilled all necessary criteria and, accordingly, the period should be extended.

The Deputy President found that the Union had met the statutory requirements and that the application should be granted. The Union had applied to the Commission within the stipulated timeframe and there had been no prior extension of the 30-day period. Consequently, the Deputy President ordered that the period for the commencement of protected industrial action be extended by a further 30 days from 28 September 2023. This order was made pursuant to section 459(3) of the Fair Work Act 2009.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established