v DHL Supply Chain (Australia) Pty Limited

[2024] FWC 2652

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

(B2024/1252)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/1018.

This matter concerns the declaration of the result of a protected action ballot PR778268 held in matter B2024/1018 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 United Workers' Union has applied to the Fair Work Commission for an extension of the 30-day period during which industrial action is authorised by a protected action ballot held for DHL Supply Chain (Australia) Pty Limited. The application, pursuant to section 459(3) of the Fair Work Act 2009, seeks to extend the authorised period by a further 30 days, beyond the initial period declared on 3 September 2024. DHL Supply Chain (Australia) Pty Limited did not consent to the application but confirmed it would not oppose the determination of the application on the papers, leaving the decision to the Commission. The key issue before the Commission was whether the application met the statutory criteria set out in section 459(3) of the Fair Work Act 2009.

In evaluating the application, the Commission considered whether the requirements of the Act were met. The Commission noted that the United Workers' Union had applied for an extension within the prescribed period, and that the initial 30-day period had not been previously extended. The Commission found that both statutory criteria were satisfied. Consequently, the Commission determined that the application should be granted, and the authorised period for protected industrial action would be extended by an additional 30 days. This decision ensures that eligible employees retain the ability to take authorised industrial action for a total of 60 days following the declaration of the ballot result.

The Fair Work Commission ordered that the 30-day period for the commencement of protected industrial action for eligible employees be extended by a further 30 days, effective from 25 September 2024. This order aligns with the provisions of section 459(3) of the Fair Work Act 2009, providing the necessary extension to the authorised period for industrial action. The decision ensures that the statutory requirements were met, and the application was granted on the basis of the evidence presented. The extension will allow the employees to continue their authorised industrial action within the extended timeframe, facilitating a resolution to the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established