v Ecolab Pty Ltd

[2024] FWC 1749

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

Ecolab Pty Ltd

(B2024/837)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 JULY 2024

Application to extend the 30 day period in relation to B2024/555.

This matter concerns the declaration of the result of a protected action ballot PR775133 held in matter B2024/555 and declared on 4 June 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.

Ecolab Pty Ltd has not advised the Commission of any 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 2 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application from the United Workers' Union, seeking an extension of the 30-day period during which industrial action could be taken, as authorised by a protected action ballot held in relation to Ecolab Pty Ltd. This application was made under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period by up to 30 days if certain conditions are satisfied. The application in question pertained to a protected action ballot declared on 4 June 2024, and the union argued that the requirements for an extension had been met. Ecolab Pty Ltd did not object to the application.

The primary legal issue for the Commission was whether the application met the statutory requirements set out in section 459(3) of the Fair Work Act. Specifically, the Commission needed to determine if the applicant had applied for the extension and if the period had not already been extended previously. The union argued that both conditions were fulfilled, and therefore, the application should be granted. Ecolab Pty Ltd did not raise any objections to the application.

The Deputy President of the Commission, Hampton, found that the requirements of the Act had indeed been met. Given that the union had applied for the extension and the period had not been extended before, the application was deemed appropriate. Consequently, the Commission decided to extend the 30-day period by an additional 30 days, starting from 2 July 2024. The order was made pursuant to section 459(3) of the Fair Work Act.

As a result of this decision, the period during which protected industrial action could be taken by eligible employees who participated in the ballot and are employed by Ecolab Pty Ltd has been extended. This extension now permits such industrial action to commence from 2 July 2024 and continue for a further 30 days.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established