v Ensign Laboratories Pty Ltd

[2024] FWC 3351

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

Ensign Laboratories Pty Ltd

(B2024/1576)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 3 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1348.

This matter concerns the declaration of the result of a protected action ballot PR780278 held in matter B2024/1348 and declared on 31 October 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.

Ensign Laboratories 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 29 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the United Workers' Union seeking to extend the authorised period for industrial action against Ensign Laboratories Pty Ltd. This application was made pursuant to section 459(3) of the Fair Work Act 2009, which permits the Fair Work Commission to extend the 30-day period during which industrial action is authorised by a protected action ballot by up to an additional 30 days. The application was in relation to a ballot held and declared on 31 October 2024. Ensign Laboratories Pty Ltd did not object to the application.

The primary legal issue before the Deputy President was whether the requirements of section 459(3) of the Act were satisfied, enabling the extension of the 30-day period for commencing industrial action. The application argued that both conditions under section 459(3) were met: the Union had applied for the extension, and the period had not previously been extended. The Deputy President examined the application and considered the absence of objection from Ensign Laboratories Pty Ltd, finding that the Union had fulfilled the statutory criteria.

Upon reviewing the application and the absence of any opposition from Ensign Laboratories, the Deputy President concluded that the requirements of the Act were satisfied. The Deputy President found that the Union's application was valid and that the 30-day period for commencing protected industrial action should be extended by a further 30 days. This extension was to commence from 29 November 2024.

Consequently, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and employed by Ensign Laboratories Pty Ltd be extended by a further 30 days. This extension took effect from 29 November 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established