v BlueScope Steel Limited Summary

[2025] FWC 62

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

BlueScope Steel Limited

(B2025/9)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1544.

This matter concerns the declaration of the result of a protected action ballot PR781627 held in matter B2024/1544 and declared on 11 December 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.

BlueScope Steel Limited has advised the Commission that it does not object 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 9 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union has sought to extend the 30-day period for protected industrial action authorised by a ballot conducted under matter B2024/1544. The application was heard by Deputy President Hampton of the Fair Work Commission, who was tasked with determining whether the extension should be granted. BlueScope Steel Limited did not object to the application, which sought an extension under section 459(3) of the Fair Work Act 2009.

The central legal issue before the Deputy President was whether the application met the statutory criteria for extending the 30-day period. The Act allows for an extension if the applicant for the protected action ballot order applies to the Fair Work Commission for the period to be extended and if the period has not already been extended. The Deputy President was required to assess whether these conditions had been satisfied and to decide if the extension should be granted.

The Deputy President found that the application met the statutory criteria. The Australian Workers' Union had applied for the extension, and there was no indication in the record that the period had been previously extended. Consequently, the Deputy President concluded that the application should be granted. The extension was ordered to commence on 9 January 2025, thereby extending the period for protected industrial action by a further 30 days.

This decision underscores the importance of adhering to the statutory requirements when seeking extensions for protected industrial action. The Commission's role is to ensure that the process is followed correctly and that any applications are assessed in light of the relevant legal provisions. The Deputy President's order ensures that the employees involved can continue to pursue their industrial action within the extended timeframe.

v BlueScope Steel Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established