v DHL Supply Chain (Australia) Pty Limited Summary

[2024] FWC 2646

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

(B2024/1253)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/1015.

This matter concerns the declaration of the result of a protected action ballot PR778261 held in matter B2024/1015 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

In the matter of the United Workers' Union v DHL Supply Chain (Australia) Pty Limited, the Fair Work Commission was tasked with determining an application to extend the authorised period for industrial action. This application arose from a protected action ballot conducted in relation to matter B2024/1015, which was declared on 3 September 2024. The Union sought an extension of the 30-day period in which industrial action could be taken under section 459(3) of the Fair Work Act 2009, contending that the statutory requirements for such an extension had been met. DHL Supply Chain (Australia) Pty Limited did not oppose the application but left the decision to the Commission to assess the compliance with the Act's provisions.

The primary legal issue before the court was whether the statutory criteria for extending the 30-day period for industrial action were fulfilled. Section 459(3) of the Fair Work Act 2009 allows for an extension if the applicant for the ballot applies for the period to be extended and if the period has not already been extended. The Union argued that both conditions were satisfied and sought an additional 30 days for the authorised industrial action. The employer, DHL Supply Chain (Australia) Pty Limited, did not contest the application and agreed to the decision being made on the basis of the submitted documentation.

Upon reviewing the application, the Deputy President Hampton found that the Union had met all the statutory requirements for an extension. Given that the employer did not oppose the application and had agreed to the determination on the papers, the Commission was satisfied that the legal criteria had been met. Consequently, the Deputy President Hampton ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 25 September 2024. This extension ensures that the eligible employees who participated in the ballot have additional time to take authorised industrial action if deemed necessary.

v DHL Supply Chain (Australia) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established