United Workers' Union v Woolworths Group Limited, Queensland Properties Investments Pty Limited

[2022] FWC 3368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union
v

Woolworths Group Limited, Queensland Properties Investments Pty Limited

(B2022/1854)

VICE PRESIDENT CATANZARITI

SYDNEY, 23 DECEMBER 2022

Application to extend the 30 day period in relation to B2022/1710

On 22 December 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, PR747930 made on 15 November 2022. The Order applies to certain employees of Woolworths Group Limited and Queensland Properties Investments Pty Limited (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 30 November 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 29 December 2022.

On 23 December 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 29 December 2022, the extension period will operate from 29 December 2022.

An order has been separately issued in PR749246.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union sought an extension of the 30-day period for protected action from the Fair Work Commission. This application was made under s. 459(3) of the Fair Work Act 2009. The protected action ballot order, PR747930, was made on 15 November 2022 and applied to certain employees of Woolworths Group Limited and Queensland Properties Investments Pty Limited. The ballot results were declared on 30 November 2022, and the 30-day period for protected action began on that date, expiring on 29 December 2022. The Respondent did not oppose the Union's application to extend the period.

The legal issues before the Commission were whether the requirements of s. 459 of the Act were met and whether the extension of the 30-day period was appropriate. The Union, as the applicant for the protected action ballot order, had not previously extended the period specified in s.459(1)(d)(i) of the Act. The Commission determined that the relevant requirements of s.459 of the Act had been met, and a 30-day extension was appropriate. The extension period would commence from 29 December 2022.

The Vice President issued an order separately in PR749246, granting the United Workers' Union's application for an extension of the 30-day period for protected action. The decision was made on the basis of the documentation filed, and the 30-day period for protected action would now expire at midnight on 28 January 2023. This decision was reached after considering the relevant provisions of the Fair Work Act 2009 and the information provided by the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established