v Campari Australia Pty Ltd Summary

[2024] FWC 1639

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

Campari Australia Pty Ltd

(B2024/800)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 JUNE 2024

Application to extend the 30 day period in relation to B2024/430.

This matter concerns the declaration of the result of a protected action ballot PR773404 held in matter B2024/430 and declared on 24 May 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.

Campari Australia 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 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the United Workers' Union to extend the 30-day period within which industrial action could be taken by employees of Campari Australia Pty Ltd. This application followed a protected action ballot held and declared on May 24, 2024, in matter B2024/430. The Union sought an extension under section 459(3) of the Fair Work Act 2009, which allows for the 30-day period to be extended by up to 30 days if certain conditions are met. Specifically, the applicant must apply to the Fair Work Commission, and the period must not have been previously extended. Campari Australia Pty Ltd did not object to the application.

The legal issue before the Commission was whether the Union had satisfied the statutory requirements to justify an extension of the 30-day period. The Union argued that all conditions under section 459(3) were fulfilled, and thus the extension should be granted. The Commission examined the application and the statutory criteria and found that the Union had indeed met all the necessary requirements. Consequently, the Commission was satisfied that the application should be approved.

In accordance with section 459(3) of the Fair Work Act, the Deputy President ordered that the 30-day period for initiating protected industrial action by eligible employees who were subject to the ballot and are employed by Campari Australia Pty Ltd be extended by an additional 30 days. This extension took effect from June 21, 2024.

v Campari Australia Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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