v Boom Logistics Ltd

[2024] FWC 2181

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

Boom Logistics Ltd

(B2024/1039)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 AUGUST 2024

Application to extend the 30 day period in relation to B2024/893.

This matter concerns the declaration of the result of a protected action ballot PR777036 held in matter B2024/893 and declared on 25 July 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.

Boom Logistics 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 16 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union, acting on behalf of its members, made an application to the Fair Work Commission seeking an extension to the 30-day period during which industrial action could be authorised by a protected action ballot. The application was made in relation to ballot PR777036, which had been declared on 25 July 2024. The employer, Boom Logistics Ltd, did not object to the application. The Union sought an extension under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period if certain conditions are met. These conditions include the applicant having applied for the extension and the period not having been previously extended.

The legal issue before the Commission was whether the application met the statutory requirements for an extension under section 459(3) of the Fair Work Act. Specifically, the Commission needed to determine if the Union had made an application for the extension and whether the period had not been previously extended. The Union's application satisfied these criteria, as the Union applied for the extension and the 30-day period had not been extended before. The employer did not object to the application, which was a relevant consideration for the Commission. The Commission found that the Union's application fulfilled the necessary conditions for an extension.

The Fair Work Commission found that the Union's application met the statutory requirements for an extension of the 30-day period. The Commission noted that the Union had made an application for the extension and that the period had not been extended before. Additionally, the employer's lack of objection was a relevant factor. Therefore, the Commission determined that the Union's application should be granted. The Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and were employed by the employer be extended by a further 30 days, effective from 16 August 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established