v CSR Building Products Ltd Summary

[2024] FWC 2121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union

CSR Building Products Ltd

(B2024/1002)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 9 AUGUST 2024

Application to extend the 30 day period in relation to B2024/785.

This matter concerns the declaration of the result of a protected action ballot PR776196 held in matter B2024/785 and declared on 12 July 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.

CSR Building Products 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 9 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application by the United Workers’ Union for an extension of the 30-day period in relation to a protected action ballot held under matter B2024/785. The application was made to the Commission pursuant to section 459(3) of the Fair Work Act 2009, seeking to extend the authorisation period for industrial action. CSR Building Products Ltd, the employer in question, did not object to the application.

The primary legal issue before the Deputy President was whether the application met the requirements set out in section 459(3) of the Act for an extension of the 30-day period. This section allows for an extension if the applicant for the protected action ballot order applies to the FWC and if the period has not previously been extended. The Deputy President had to determine if these conditions were satisfied and if so, whether the application should be granted.

Upon reviewing the application and the submissions made, the Deputy President found that the requirements of the Act were indeed met. The Union had made a timely application, and the 30-day period had not been extended before. CSR Building Products Ltd's lack of objection further supported the application. Consequently, the Deputy President ruled in favour of the Union, granting the application and extending the authorisation period by an additional 30 days. This extension commenced from 9 August 2024.

The final order of the Fair Work Commission was that the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and employed by CSR Building Products Ltd be extended by a further 30 days.

v CSR Building Products Ltd

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