v DHL Supply Chain (Australia) Pty Limited Summary

[2024] FWC 2653

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

DHL Supply Chain (Australia) Pty Limited

(B2024/1254)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/1016.

This matter concerns the declaration of the result of a protected action ballot PR778264 held in matter B2024/1016 and declared on 3 September 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.

DHL Supply Chain (Australia) Pty Limited has advised the Commission that it did not consent to the application and did not seek to make any further submissions. However, it stated that the determination of the application was a matter for the Commission to be satisfied as to whether the requirements of the Act have been met. It consented to the application being determined on the papers.

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 25 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application by the United Workers' Union to extend the authorisation period for industrial action by employees of DHL Supply Chain (Australia) Pty Limited. The application was brought under section 459(3) of the Fair Work Act 2009, seeking an extension of the 30-day period during which industrial action could be taken. This period was set to expire on 8 October 2024, following a protected action ballot that had been declared on 3 September 2024. DHL Supply Chain did not oppose the application but emphasised that the decision on whether to extend the period was for the Commission to determine based on the Act's requirements.

The legal issue before the Commission was whether the United Workers' Union had satisfied the statutory requirements for extending the 30-day period for protected industrial action. Section 459(3) of the Act allows for an extension if the applicant for the protected action ballot applies for the extension and if the period has not been previously extended. The Union argued that it met these conditions and should be granted an additional 30 days. DHL Supply Chain did not contest the application's validity but acknowledged that the decision rested with the Commission.

The Deputy President found that the Union had met the statutory criteria for extending the authorisation period. The application was made within the stipulated timeframe, and the period had not been extended before. The Deputy President was satisfied that the application should be granted. Consequently, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 25 September 2024.

v DHL Supply Chain (Australia) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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