v Baker Hughes Australia Pty Ltd T/A Baker Hughes

[2024] FWC 2487

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

Australian Workers' Union

Baker Hughes Australia Pty Ltd T/A Baker Hughes

(B2024/1193)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 12 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/1008.

This matter concerns the declaration of the result of a protected action ballot PR778210 held in matter B2024/1008 and declared on 22 August 2024.

The Australian 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.

Baker Hughes Australia Pty Ltd T/A Baker Hughes 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 12 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union applied to the Fair Work Commission for an extension of the 30-day period for protected industrial action authorised by a protected action ballot. The application followed the declaration of the result of ballot PR778210 held in relation to matter B2024/1008. The employer, Baker Hughes Australia Pty Ltd T/A Baker Hughes, did not oppose the application. The key legal issue was whether the requirements of section 459(3) of the Fair Work Act 2009 were met to allow for the extension of the 30-day period.

The Fair Work Act permits the extension of the 30-day period for the commencement of industrial action by up to an additional 30 days, subject to the applicant for the protected action ballot order applying to the Commission and the period not having been extended previously. The Deputy President of the Commission found that the Australian Workers' Union had satisfied these requirements. There was no opposition from Baker Hughes Australia Pty Ltd T/A Baker Hughes, and the Deputy President was satisfied that the application met the criteria for extension under the Act.

In light of the application meeting the statutory requirements and the absence of opposition, the Deputy President granted the application. The 30-day period for the commencement of protected industrial action was extended by a further 30 days from 12 September 2024. The order was made under section 459(3) of the Fair Work Act, effective from the date of the decision.

The final order extended the 30-day period for the commencement of protected industrial action for eligible employees employed by Baker Hughes Australia Pty Ltd T/A Baker Hughes. This extension was effective from 12 September 2024, providing an additional 30 days beyond the initially authorised period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established