v Centennial Mandalong Pty Limited Summary

[2024] FWC 2758

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

Mining and Energy Union

Centennial Mandalong Pty Limited

(B2024/1293)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 3 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1078.

This matter concerns the declaration of the result of a protected action ballot PR778611 held in matter B2024/1078 and declared on 6 September 2024.

The Mining and Energy 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.

Centennial Mandalong Pty Limited has not advised the Commission of any 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 3 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Mining and Energy Union sought an extension to the 30-day period for industrial action authorised by a protected action ballot in relation to Centennial Mandalong Pty Limited. The matter pertains to the declaration of the result of a protected action ballot PR778611, which was held and declared on 6 September 2024. The Union applied under section 459(3) of the Fair Work Act 2009 to extend the 30-day period during which industrial action could be authorised by the ballot. The Act allows for such an extension if the applicant requests it and the period has not already been extended.

The key legal issue before the Deputy President was whether the requirements of section 459(3) of the Act had been satisfied, thereby warranting an extension of the 30-day period. The Union argued that all conditions for an extension had been met, including the absence of any previous extension. Centennial Mandalong Pty Limited did not oppose the application. The Deputy President found that the Union had indeed fulfilled the statutory requirements, and granted the application. The 30-day period for protected industrial action was thus extended by an additional 30 days, effective from 3 October 2024.

In summary, the Fair Work Commission found that the Union's application to extend the 30-day period for industrial action was valid and in compliance with the statutory requirements. Given that Centennial Mandalong Pty Limited had no objections, the Commission determined that the period should be extended. The Deputy President ordered that the extension would take effect from 3 October 2024. This decision allows the Union to pursue protected industrial action for an additional 30 days beyond the initially authorised period.

v Centennial Mandalong Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established