v DBNGP (WA) Nominees Pty Ltd As Trustee For DBNGP (WA) Pipeline Trust

[2024] FWC 2422

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

The Australian Workers' Union

DBNGP (WA) Nominees Pty Ltd As Trustee For DBNGP (WA) Pipeline Trust

(B2024/1159)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 5 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/943.

This matter concerns the declaration of the result of a protected action ballot PR777576 held in matter B2024/943 and declared on 9 August 2024.

The Australian 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.

DBNGP (WA) Nominees Pty Ltd As Trustee For DBNGP (WA) Pipeline Trust 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 5 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union has applied to the Fair Work Commission (FWC) to extend the 30-day period in which industrial action is authorised by a protected action ballot. This application concerns the declaration of the result of a protected action ballot held in matter B2024/943, which was declared on 9 August 2024. The applicant seeks to extend the 30-day period in which industrial action may be taken under s.459(3) of the Fair Work Act 2009. The respondent, DBNGP (WA) Nominees Pty Ltd As Trustee For DBNGP (WA) Pipeline Trust, has indicated that it has no objection to the application.

The legal issues before the FWC were whether the application met the statutory requirements for an extension of the 30-day period and whether the extension should be granted. Under s.459(3) of the Fair Work Act, the FWC may extend the 30-day period if the applicant for the protected action ballot order applies to the FWC for the period to be extended and if the period has not previously been extended. The applicant argued that it had satisfied both conditions and that the extension should be granted.

The Deputy President of the FWC, Hampton, found that the application met the statutory requirements for an extension of the 30-day period. The Commission was satisfied that the applicant had applied for the extension and that the period had not been previously extended. The respondent had also indicated that it had no objection to the application. As a result, the Deputy President concluded that the application should be granted and made an order extending the 30-day period by a further 30 days, effective from 5 September 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established