United Workers' Union v Super Retail Group Limited Summary

[2024] FWC 2254

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

Super Retail Group Limited

(B2024/1061)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 AUGUST 2024

Application to extend the 30 day period in relation to B2024/872.

This matter concerns the declaration of the result of a protected action ballot PR776985 held in matter B2024/872 and declared on 29 July 2024.

The United Workers' Union 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 contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Super Retail Group Limited has not advised the Commission of any 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 employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 22 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission presided over an application by the United Workers' Union to extend the 30-day period for commencing industrial action as authorised by a protected action ballot. The Union sought this extension under section 459(3) of the Fair Work Act 2009, in relation to a ballot held and declared on 29 July 2024. The application pertains to matter B2024/1061, which is linked to the broader dispute between the Union and Super Retail Group Limited. The company did not oppose the application, leaving the Commission to decide on the merits of the Union's request.

The central legal issue for the Commission was whether the application met the statutory requirements for extending the 30-day period for industrial action. Specifically, the Commission had to determine if the application was made by an applicant for the protected action ballot order and whether the period had not been extended previously. Given the Union's compliance with these criteria, the matter hinged on whether there were any other grounds to deny the extension. The Commission found that the Union's application satisfied all statutory prerequisites for the extension.

In granting the application, the Deputy President concluded that the Union had met the necessary conditions under section 459(3) of the Act. There was no objection from Super Retail Group Limited, and the application adhered to the legislative requirements. Consequently, the Deputy President ordered that the 30-day period for commencing protected industrial action by eligible employees be extended by an additional 30 days, effective from 22 August 2024. This decision ensures that the Union can proceed with the industrial action within the extended timeframe, as authorised by the ballot.

The final order of the Commission is that the 30-day period for protected industrial action authorised by the ballot in matter B2024/872 is extended by a further 30 days. This extension takes effect from 22 August 2024, providing the Union with additional time to organise and commence the authorised industrial action against Super Retail Group Limited.

United Workers' Union v Super Retail Group Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established