United Workers' Union v Terminals Pty Ltd T/A Quantem Bulk Liquid Storage and Handling

[2023] FWC 989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers' Union
v

Terminals Pty Ltd T/A Quantem Bulk Liquid Storage and Handling

(B2023/375)

VICE PRESIDENT CATANZARITI

SYDNEY, 26 APRIL 2023

Application to extend the 30 day period in relation to B2023/114

On 24 April 2023, 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, PR750669 made on 16 February 2023. The Order applies to certain employees of Terminals Pty Ltd T/A Quantem Bulk Liquid Storage and Handling (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 29 March 2023. 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 27 April 2023.

On 26 April 2023, 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 ‎27 April 2023, the extension period will operate from 27 April 2023.

An order has been separately issued in PR761406.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union applied to the Fair Work Commission to extend the 30-day period for protected action authorised by a protected action ballot order. The order, issued on 16 February 2023, applied to certain employees of Terminals Pty Ltd T/A Quantem Bulk Liquid Storage and Handling. The ballot result was declared on 29 March 2023, with a majority of the relevant employees endorsing the proposed forms of protected industrial action. The 30-day period for protected action, which commenced on the date of the declaration of the results of the ballot, expires at midnight on 27 April 2023. The application was made pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) and the Respondent did not oppose the application.

The legal issues for the Commission to decide were whether the application met the requirements of s.459 of the Act and whether a 30 day extension was appropriate. The application was made by the United Workers' Union, the Applicant for which the protected action ballot order was issued, and the period specified in s.459(1)(d)(i) had not been previously extended. The Commission considered the documentation filed and determined that each of the relevant requirements of s.459 of the Act had been met and that a 30 day extension was appropriate.

The Commission's reasoning was based on the material before it, and it was satisfied that the application met the requirements of s.459 of the Act. The extension period will operate from 27 April 2023, the date on which the 30 day period expires at midnight. An order has been separately issued in PR761406. The Commission has granted the United Workers' Union's application to extend the 30 day period for protected action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established