v Ecolab Pty Ltd Summary

[2024] FWC 1747

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

(B2024/836)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 JULY 2024

Application to extend the 30 day period in relation to B2024/556.

This matter concerns the declaration of the result of a protected action ballot PR775141 held in matter B2024/556 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 advised the Commission it has no 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 has considered an application by the United Workers' Union to extend the 30-day period within which industrial action can be taken by employees who participated in a protected action ballot. This decision follows the declaration of the results of the ballot, which was held in relation to matter B2024/556 and declared on 4 June 2024. The application was made under section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met. The primary condition is that the period has not already been extended, and that an application for the extension has been made to the Commission.

The legal issue before the Commission was whether the application met the statutory requirements for an extension of the 30-day period. The Union argued that all the conditions specified in section 459(3) of the Act were satisfied, and therefore, the period should be extended by a further 30 days. Ecolab Pty Ltd, the employer, did not oppose the application. The Deputy President of the Commission, Hampton, examined the application and found that the requirements of the Act were indeed fulfilled.

The reasoning of the Commission was straightforward: the application was made within the stipulated timeframe, the 30-day period had not been extended previously, and the employer had no objections. Given these facts, the Deputy President concluded that the application should be granted. The decision to extend the 30-day period by an additional 30 days was made to ensure that the employees could take any necessary industrial action without exceeding the legal timeframe. This extension is effective from 2 July 2024.

The final orders of the Commission were that the 30-day period for the commencement of protected industrial action by eligible employees employed by Ecolab Pty Ltd be extended by a further 30 days, starting from 2 July 2024. This decision provides clarity and resolves the immediate legal issue regarding the timing of any potential industrial action by the employees.

v Ecolab Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established