v Gladstone Ports Corporation Limited Summary

[2025] FWC 60

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

Mining and Energy Union

Gladstone Ports Corporation Limited

(B2025/10)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 7 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1524.

This matter concerns the declaration of the result of a protected action ballot PR781601 held in matter B2024/1524 and declared on 11 December 2024.

The Mining and Energy 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.

Gladstone Ports Corporation Limited has not advised the Commission of any 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 9 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has considered an application by the Mining and Energy Union to extend the 30-day period for protected industrial action in relation to a protected action ballot held for employees of Gladstone Ports Corporation Limited. This application was made under section 459(3) of the Fair Work Act 2009, which allows for the extension of the 30-day period if the applicant has applied for the extension and the period has not previously been extended. The application was made in respect of a ballot declared on 11 December 2024, and the Commission has determined whether the statutory requirements for an extension have been satisfied.

The central legal issue before the Commission was whether the Mining and Energy Union had satisfied the requirements of section 459(3) of the Act for an extension of the 30-day period for protected industrial action. The relevant statutory provisions required the Commission to consider whether the Union had made an application for the extension and whether the period had not already been extended. The Commission needed to ascertain if the Union's application met the criteria set out in the Act. The Gladstone Ports Corporation Limited did not oppose the application.

In determining the application, the Commission found that the Mining and Energy Union had indeed met the statutory requirements. The Union had applied for the extension, and there was no indication that the period had previously been extended. Consequently, the Commission was satisfied that the application should be granted. The Deputy President Hampton, who presided over the matter, concluded that the application met the statutory criteria and ordered that the 30-day period for the commencement of protected industrial action for eligible employees be extended by a further 30 days, effective from 9 January 2025. This decision was based on the Union's compliance with the conditions set out in section 459(3) of the Act.

v Gladstone Ports Corporation Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established