v Fremantle Ports Authority Summary

[2024] FWC 1930

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

The Australian Maritime Officers’ Union

Fremantle Ports Authority

(B2024/920)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 JULY 2024

Application to extend the 30 day period in relation to B2024/721.

This matter concerns the declaration of the result of a protected action ballot PR775682 held in matter B2024/721 and declared on 24 June 2024.

The Australian Maritime Officers’ 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.

The Fremantle Ports Authority (Freemantle Ports or Employer) 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 23 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Australian Maritime Officers’ Union, seeking to extend the 30-day period during which industrial action is authorised by a protected action ballot. The application was made in relation to ballot PR775682, which was held and declared on 24 June 2024, in matter B2024/721. The Fremantle Ports Authority did not object to the application. The Union sought an extension 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 met.

The legal issue before the Deputy President was whether the application met the requirements of section 459(3) of the Act. The Union had to demonstrate that the application was made by an applicant for the protected action ballot order and that the period had not previously been extended. The Deputy President considered whether these conditions were satisfied and whether the application should therefore be granted.

Having reviewed the application and the relevant provisions of the Act, the Deputy President was satisfied that the Union had met the necessary criteria. The application was made by an applicant for the protected action ballot order and there was no evidence that the period had previously been extended. Therefore, the Deputy President found that the application should be granted. The 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 23 July 2024.

This decision provides clarity on the application process for extending the authorisation period for protected industrial action under the Fair Work Act. The Deputy President’s decision confirms that, where the requirements of the Act are met, the Commission will grant an extension of the 30-day period. This outcome may be of interest to unions and employers involved in similar disputes, providing guidance on the procedural steps required to extend the authorisation period for protected action.

v Fremantle Ports Authority

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established