v Fremantle Ports Authority Summary

[2024] FWC 1927

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

Kevin Russell Sneddon

Fremantle Ports Authority

(B2024/912)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 JULY 2024

Application to extend the 30 day period in relation to B2024/720.

This matter concerns the declaration of the result of a protected action ballot PR775678 held in matter B2024/720 and declared on 24 June 2024.

Kevin Russell Sneddon 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.

The Fremantle Ports Authority 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 22 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kevin Russell Sneddon, an employee, has applied to the Fair Work Commission (FWC) to extend the 30-day period in which industrial action is authorised by a protected action ballot held by the Fremantle Ports Authority. The application seeks an extension under section 459(3) of the Fair Work Act 2009. The Fremantle Ports Authority has indicated it has no objections to the application. The matter before the Commission involves determining whether the statutory requirements for extending the period are met and whether the application should be granted.

The primary legal issue for the Commission to decide was whether the application met the criteria set out in section 459(3) of the Fair Work Act. Specifically, the Commission needed to consider whether the applicant for the protected action ballot order had applied for the extension, and whether the period had not previously been extended. The Commission also needed to consider the Fremantle Ports Authority's lack of objection to the application.

The Commission found that the application met the statutory requirements for an extension. The applicant, Kevin Russell Sneddon, had applied to the Commission for an extension, and the 30-day period had not been previously extended. The Fremantle Ports Authority's lack of objection further supported the grant of the application. Consequently, the Commission was satisfied that the requirements of the Act had been met and that the application should be granted. Pursuant to section 459(3) of the Act, the Commission ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 22 July 2024.

The final order of the Commission was 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 Fremantle Ports Authority be extended by a further 30 days, effective from 22 July 2024.

v Fremantle Ports Authority

CaseChat Overview and Summary

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