v Blowflex Mouldings Pty Ltd Summary

[2024] FWC 2244

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

Blowflex Mouldings Pty Ltd

(B2024/1064)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 AUGUST 2024

Application to extend the 30 day period in relation to B2024/863.

This matter concerns the declaration of the result of a protected action ballot PR776824 held in matter B2024/863 and declared on 30 July 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.

Blowflex Mouldings Pty Ltd has advised the Commission it has no 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 21 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on an application by the United Workers' Union to extend the 30-day period in which industrial action is authorised by a protected action ballot, originally declared on 30 July 2024. The application was made under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the period by up to 30 days if certain conditions are met. The employer, Blowflex Mouldings Pty Ltd, did not object to the application.

The key legal issue before the Commission was whether the application met the statutory requirements for an extension of the 30-day period for protected industrial action. Specifically, the Commission needed to determine if the applicant had applied for the extension within the prescribed time frame and if the period had not been previously extended. The Union argued that both conditions were satisfied.

The Deputy President found that the Union had indeed fulfilled the requirements for an extension under section 459(3) of the Fair Work Act 2009. Given that Blowflex Mouldings Pty Ltd had no objections to the application, the Deputy President was satisfied that the application should be granted. Consequently, the 30-day period for the commencement of protected industrial action was extended by an additional 30 days, effective from 21 August 2024.

v Blowflex Mouldings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established