v Anglo Coal (Dawson Services) Pty Ltd

[2024] FWC 3497

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Anglo Coal (Dawson Services) Pty Ltd

(B2024/1635)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1423.

This matter concerns the declaration of the result of a protected action ballot PR780930 held in matter B2024/1423 and declared on 18 November 2024.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

Anglo Coal (Dawson Services) Pty Ltd 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 16 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has considered an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period in which industrial action is authorised by a protected action ballot. The application concerns the declaration of the result of a protected action ballot PR780930 held in matter B2024/1423 and declared on 18 November 2024. The applicant seeks an extension of the period under section 459(3) of the Fair Work Act 2009. Anglo Coal (Dawson Services) Pty Ltd, the employer, has not objected to the application.

The court was required to determine whether the conditions specified in section 459(3) of the Act had been met. The Act allows for the extension of the 30-day period if an applicant applies to the FWC for the period to be extended and if the period has not previously been extended. The applicant submitted that all requirements were satisfied and the period should be extended by a further 30 days. The employer did not raise any objections to the application.

The Deputy President was satisfied that the applicant had met the requirements of the Act. The court found that the conditions for an extension under section 459(3) had been fulfilled, and the application should be granted. Consequently, the 30-day period for the commencement of protected industrial action for eligible employees was extended by a further 30 days, effective from 16 December 2024.

The final order of the court was that the 30-day period for the commencement of protected industrial action for eligible employees employed by Anglo Coal (Dawson Services) Pty Ltd be extended by a further 30 days, starting from 16 December 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established