v Concentrix Services Pty Ltd Summary

[2024] FWC 2535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Association of Professional Engineers, Scientists and Managers, Australia

Concentrix Services Pty Ltd

(B2024/1219)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 17 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/849.

This matter concerns the declaration of the result of a protected action ballot PR776751 held in matter B2024/849 and declared on 16 August 2024.

The Association of Professional Engineers, Scientists and Managers, 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.

Concentrix Services Pty Ltd 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 17 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Association of Professional Engineers, Scientists and Managers, Australia v Concentrix Services Pty Ltd involves an application to extend the 30-day period in relation to a protected action ballot. The matter was heard by Deputy President Hampton in the Fair Work Commission, with the decision issued on 17 September 2024. The Association of Professional Engineers, Scientists and Managers, Australia applied for an extension of the period during which industrial action is authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met.

The primary legal issue before the court was whether the conditions stipulated in section 459(3) of the Fair Work Act 2009 had been satisfied, thereby justifying an extension of the 30-day period for the commencement of protected industrial action. The Act permits such an extension if an applicant for the protected action ballot order applies to the FWC and if the period has not previously been extended. The Association of Professional Engineers, Scientists and Managers, Australia argued that both conditions were fulfilled, and thus the period should be extended by a further 30 days. Concentrix Services Pty Ltd did not object to the application. The Deputy President examined the requirements of the Act and determined that the conditions for an extension had indeed been met.

In reaching its decision, the Deputy President considered the statutory provisions and the application's compliance with those requirements. Given that the Association of Professional Engineers, Scientists and Managers, Australia had applied for the extension and that the period had not been previously extended, the court found the application to be valid. The absence of any objection from Concentrix Services Pty Ltd further supported the granting of the application. Consequently, the Deputy President concluded that the application should be approved.

Pursuant to section 459(3) of the Fair Work Act 2009, 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 was extended by a further 30 days. This order took effect from 17 September 2024.

v Concentrix Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established