v Batchfire Callide Management Pty Ltd Summary

[2024] FWC 2289

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

Mining and Energy Union

Batchfire Callide Management Pty Ltd

(B2024/1092)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 27 AUGUST 2024

Application to extend the 30 day period in relation to B2024/865.

This matter concerns the declaration of the result of a protected action ballot PR776872 held in matter B2024/865 and declared on 24 July 2024.

The Mining and Energy Union (MEU) 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.

Batchfire Callide Management 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 25 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involves the Mining and Energy Union (MEU) and Batchfire Callide Management Pty Ltd. The dispute revolves around an application by the MEU to extend the 30-day period during which industrial action is authorised by a protected action ballot. The application is pursuant to section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission to extend the specified period if certain conditions are met. The ballot in question, PR776872, was declared on 24 July 2024, and the MEU has applied for an extension of the authorisation period, which would otherwise expire on 23 August 2024.

The legal issue before the Commission was whether the application for an extension met the requirements outlined in section 459(3) of the Fair Work Act. Specifically, the Commission needed to determine if the MEU had made a proper application for the extension, and if the 30-day period had not already been extended previously. Batchfire Callide Management Pty Ltd did not object to the application, which facilitated the decision-making process.

The Deputy President of the Fair Work Commission, Hampton, concluded that the MEU had satisfied the statutory requirements for an extension. Given that no objections were raised by Batchfire Callide Management Pty Ltd, and considering the absence of any prior extensions, the Deputy President was satisfied that the application should be granted. The 30-day period for the commencement of protected industrial action was thus extended by a further 30 days, effective from 25 August 2024.

The final order of the Commission was that the 30-day period for the commencement of protected industrial action, as authorised by the protected action ballot PR776872, be extended by a further 30 days. This extension would commence on 25 August 2024, thereby allowing the industrial action to proceed within the newly extended timeframe.

v Batchfire Callide Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established