v Flinders Logistics Pty Ltd

[2024] FWC 1866

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

Construction, Forestry and Maritime Employees Union

Flinders Logistics Pty Ltd

(B2024/892)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 17 JULY 2024

Application to extend the 30 day period in relation to B2024/797.

This matter concerns the declaration of the result of a protected action ballot PR776281 held in matter B2024/797 and declared on 3 July 2024.

The Construction, Forestry and Maritime Employees 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.

Flinders Logistics Pty Ltd has advised the Commission that 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 17 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission to extend the 30-day period during which industrial action was authorised by a protected action ballot. This application related to ballot PR776281, which was declared on 3 July 2024, and was made under section 459(3) of the Fair Work Act 2009. The respondent, Flinders Logistics Pty Ltd, did not object to the application. The matter was heard by Deputy President Hampton in Adelaide on 17 July 2024.

The primary legal issue before the Commission was whether the application met the statutory requirements for extending the 30-day period for industrial action. The Act permits such an extension if the applicant for the ballot order applies for it and the period has not previously been extended. The Deputy President needed to determine if both conditions were satisfied. Given the applicant's compliance and the lack of objection from Flinders Logistics Pty Ltd, the Deputy President was satisfied that the requirements were met.

The Deputy President concluded that the application complied with section 459(3) of the Act, as both conditions were fulfilled. The application was granted, extending the 30-day period for the commencement of protected industrial action for eligible employees by a further 30 days, effective from 17 July 2024. This decision was based on the absence of any objections from Flinders Logistics Pty Ltd and the applicant's compliance with the statutory requirements.

The final order granted the application, extending the period for the commencement of protected industrial action for eligible employees by a further 30 days, starting from 17 July 2024. This decision allowed the union to potentially take industrial action beyond the original 30-day limit, provided it adhered to the new extended timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established