v DHL Supply Chain (Australia) Pty Limited Summary

[2024] FWC 2663

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

(B2024/1258)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/1017.

This matter concerns the declaration of the result of a protected action ballot PR778266 held in matter B2024/1017 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 versus DHL Supply Chain (Australia) Pty Limited, the Fair Work Commission was called upon to decide on an application to extend the period during which industrial action could be authorised by a protected action ballot. The Union sought an extension of the 30-day period stipulated under section 459(3) of the Fair Work Act 2009, concerning a ballot that had been declared on 3 September 2024. The application was made on the basis that all statutory requirements were fulfilled, and it was supported by the employer who did not object to the extension but did not make further submissions.

The legal issues before the court were whether the statutory prerequisites for extending the 30-day period had been satisfied and if the application should be granted in light of the employer's lack of objection and consent to the determination on the papers. The Deputy President Hampton had to determine whether the application met the criteria for an extension as outlined in the Act, specifically considering the absence of prior extensions and the employer's non-objection.

In considering the application, Deputy President Hampton found that the statutory requirements for an extension had indeed been met. Given the employer's non-objection and consent to the application being decided on the papers, the Deputy President concluded that the application should be granted. Therefore, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 25 September 2024. This decision was based on the statutory authority and the absence of any valid grounds for refusal.

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