v Boom Logistics Ltd

[2024] FWC 2180

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Boom Logistics Ltd

(B2024/1040)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 AUGUST 2024

Application to extend the 30 day period in relation to B2024/896.

This matter concerns the declaration of the result of a protected action ballot PR777062 held in matter B2024/896 and declared on 25 July 2024.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) has applied to the Fair Work Commission for an extension of the 30-day period in which industrial action is authorised by a protected action ballot. The application relates to the protected action ballot PR777062, which was held and declared on 25 July 2024 in matter B2024/896. Boom Logistics Ltd (the Employer) has indicated no objection to the application. The application seeks to extend the period by a further 30 days in accordance with section 459(3) of the Fair Work Act 2009.

The legal issue before the Deputy President was whether the application met the criteria set out in section 459(3) of the Act to extend the period for which industrial action is authorised by the ballot. Specifically, the application required the Deputy President to determine if the Union had made a valid application for an extension, and if the period had not already been extended previously. The Employer had no objections to the application, which was a factor considered in the decision-making process.

The Deputy President determined that the application met the requirements of the Act for an extension. The Union had made a valid application for the period to be extended, and there was no evidence that the period had been extended before. Therefore, the Deputy President was satisfied that the application should be granted. Pursuant to section 459(3) of the Act, the Deputy President ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days from 16 August 2024.

The final orders of the Deputy President were 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, effective from 16 August 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established