v CSL Limited T/A Seqirus Summary

[2024] FWC 2421

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

CSL Limited T/A Seqirus

(B2024/1157)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 5 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/919.

This matter concerns the declaration of the result of a protected action ballot PR777200 held in matter B2024/919 and declared on 9 August 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.

CSL Limited trading as Seqirus 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 5 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has considered an application by the United Workers' Union, on behalf of its members, to extend the 30-day period for industrial action as authorised by a protected action ballot held in relation to CSL Limited trading as Seqirus. The Union sought an extension under section 459(3) of the Fair Work Act 2009, which allows for an extension of the authorisation period by up to 30 days if certain conditions are met. Specifically, the Union argued that the conditions for an extension were satisfied, and no objections were raised by the employer.

The primary legal issue before the Commission was whether the application met the statutory criteria for an extension of the 30-day period for protected industrial action. Section 459(3) requires that the Union had applied for the extension and that the period had not been previously extended. The Commission needed to verify these conditions were met and determine if the application was valid. CSL Limited did not object to the application, and the Commission found that the Union's application met the statutory requirements.

The Deputy President concluded that the Union's application complied with the requirements of the Act and granted the requested extension. The 30-day period for industrial action, which was authorised by the ballot declared on 9 August 2024, would be extended by a further 30 days. The decision was made on 5 September 2024, and the extension would take effect from that date. Consequently, the Commission issued an order extending the authorisation period for protected industrial action by the eligible employees of CSL Limited.

The final order was 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 5 September 2024.

v CSL Limited T/A Seqirus

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established