| [2022] FWC 1089 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
United Workers’ Union
v
The Uniting Church in Australia Property Trust (Q.) represented By Blue Care
(B2022/399)
| VICE PRESIDENT CATANZARITI | MELBOURNE, 9 MAY 2022 |
Application to extend the 30 day period in relation to B2022/231
On 5 May 2022, 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, PR739780 made on 29 March 2022. The Order applies to certain employees of The Uniting Church in Australia Property Trust (Q.) represented by Blue Care (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 13 April 2022. 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 2022.
On 6 May 2022, 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 12 May 2022, the extension period will operate from 12 May 2022.
An order has been separately issued in PR741399.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR741400>
- AGLC
- United Workers' Union v The Uniting Church in Australia Property Trust (Q.) represented By Blue Care [2022] FWC 1089
- Case
- [2022] FWC 1089
- Decision Date
CaseChat Overview and Summary
The key legal issue was whether the Fair Work Commission had the authority to extend the 30-day period for protected action as requested by the United Workers' Union. The application was made under s. 459(3) of the Fair Work Act 2009, which provides that the Commission may, on application by the applicant, extend the period. The relevant section of the Act was considered in light of the procedural and substantive requirements it entails. The Commission needed to determine if the application was made by the applicant, if the specified period had not been previously extended, and if the extension was appropriate.
The Fair Work Commission determined that the application met the requirements of s. 459 of the Fair Work Act 2009. The application was indeed made by the United Workers' Union, which was the applicant for the protected action ballot order. The 30-day period for protected action had not been extended previously. Given these findings, the Vice President was satisfied that an extension was appropriate. The Commission granted the application and extended the 30-day period by an additional 30 days, commencing from 12 May 2022.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.