v Glenelg Shire Council

[2025] FWC 76

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

Australian Municipal, Administrative, Clerical and Services Union

Glenelg Shire Council

(B2025/15)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 9 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1520.

This matter concerns the declaration of the result of a protected action ballot PR781563 held in matter B2024/1520 and declared on 10 December 2024.

The Australian Municipal, Administrative, Clerical and Services 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.

Glenelg Shire Council 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 9 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Australian Municipal, Administrative, Clerical and Services Union versus Glenelg Shire Council, the Fair Work Commission was asked to decide whether to extend the 30-day period for industrial action authorised by a protected action ballot. The application was brought under section 459(3) of the Fair Work Act 2009, seeking an extension of the time period within which industrial action could commence, following the declaration of the ballot result on 10 December 2024. The Glenelg Shire Council did not object to the application.

The legal issue before the Court was whether the conditions specified in section 459(3) of the Act had been met, allowing for the extension of the 30-day period. The Act permits the Fair Work Commission to extend the period by up to 30 days if the applicant for the protected action ballot order applies for the extension and if the period has not previously been extended. The Australian Municipal, Administrative, Clerical and Services Union argued that both conditions were satisfied.

The Deputy President was satisfied that the application met the statutory requirements. The ballot application had been made by the Union, and the period had not been previously extended. Consequently, the Deputy President found that the application should be granted. The order extended the 30-day period for the commencement of protected industrial action by a further 30 days, effective from 9 January 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established