v Accolade Wines Australia Limited T/A Accolade Wines

[2024] FWC 3179

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

Accolade Wines Australia Limited T/A Accolade Wines

(B2024/1478)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 19 NOVEMBER 2024

Application to extend the 30 day period in relation to B2024/1266.

This matter concerns the declaration of the result of a protected action ballot PR779737 held in matter B2024/1266 and declared on 16 October 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.

Accolade Wines Australia Limited T/A Accolade Wines 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 14 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission dealt with an application by the United Workers' Union to extend the period during which industrial action could be authorised by a protected action ballot. The matter pertained to ballot PR779737, which was held and declared on 16 October 2024. The application sought to extend the 30-day period specified in section 459(3) of the Fair Work Act 2009, allowing for a further 30 days of authorised industrial action. Accolade Wines Australia Limited, the employer, did not object to the application.

The central legal issue was whether the requirements for extending the period under section 459(3) of the Act were satisfied. Specifically, the court needed to determine if the applicant had applied for the extension and whether the period had not been previously extended. The application argued that both conditions were met and that the extension was warranted. The employer's lack of objection also played a role in the decision-making process.

The Deputy President found that the requirements for an extension were indeed met. The application was made by the applicant, and there was no prior extension of the period. Consequently, the Deputy President ruled that the 30-day period for the commencement of protected industrial action for eligible employees should be extended by an additional 30 days. This extension would commence from 14 November 2024.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established