| [2023] FWC 1167 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
United Workers' Union
v
The Geo Group Australia Pty Ltd
(B2023/449)
| VICE PRESIDENT CATANZARITI | SYDNEY, 17 MAY 2023 |
Application to extend the 30 day period in relation to B2023/258
On 15 May 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, PR760664 made on 28 March 2023. The Order applies to certain employees of The Geo Group Australia Pty Ltd (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 6 April 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 expired at midnight on 5 May 2023.
On 16 May 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 expired at midnight on 5 May 2023, the extension period will operate from 5 May 2023.
An order has been separately issued in PR761979.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR761980>
- AGLC
- United Workers' Union v The Geo Group Australia Pty Ltd [2023] FWC 1167
- Case
- [2023] FWC 1167
- Decision Date
CaseChat Overview and Summary
The legal issue before the Fair Work Commission was whether the Union's application to extend the 30-day period for protected action complied with section 459 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the requirements for such an extension had been met and whether it was appropriate to grant an extension under the circumstances. The Union argued that the extension was necessary to ensure the employees' interests were adequately represented and protected. The Respondent, The Geo Group Australia Pty Ltd, did not oppose the application.
In making its decision, the Commission considered the provisions of section 459 of the Fair Work Act 2009 and the circumstances of the case. The Commission noted that the 30-day period had already expired and that the Union's application was made within the allowable timeframe. Given that the Respondent did not oppose the application and the Union had satisfied the statutory requirements, the Commission was satisfied that an extension was appropriate. Consequently, the 30-day extension was granted, effective from 5 May 2023.
In light of the above, the Fair Work Commission issued an order extending the 30-day period for protected action as requested by the United Workers' Union. The extended period allows for the continuation of protected industrial action by the employees of The Geo Group Australia Pty Ltd.
Orders
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Background
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Evidence
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