v GNM Australia Pty Ltd T/A The Guardian Australia

[2024] FWC 2896

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

Media Entertainment and Arts Alliance

GNM Australia Pty Ltd T/A The Guardian Australia

(B2024/1363)

DEPUTY PRESIDENT HAMPTON

MELBOURNE, 18 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1141.

This matter concerns the declaration of the result of a protected action ballot PR778957 held in matter B2024/1141 and declared on 19 September 2024.

The Media Entertainment and Arts Alliance 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.

GNM Australia Pty Ltd trading as The Guardian Australia 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 18 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Media Entertainment and Arts Alliance applied to the Fair Work Commission to extend the 30-day period for industrial action following a protected action ballot, which was declared on 19 September 2024. GNM Australia Pty Ltd trading as The Guardian Australia, the employer, did not object to the application. The applicant sought an extension under section 459(3) of the Fair Work Act 2009, which permits the Commission to extend the 30-day period if the applicant requests it and if the period has not already been extended. The application was made on behalf of eligible employees who were subject to the ballot and were employed by the employer.

The primary legal issue before the Deputy President was whether the application met the statutory criteria for an extension of the 30-day period. The applicant argued that all the requirements were satisfied, and the employer did not oppose the application. The Deputy President found that the statutory criteria were met and that the application should be granted.

In reaching the decision, the Deputy President noted that the application met the requirements under section 459(3) of the Act, as the applicant had applied for the extension and the period had not been previously extended. The Deputy President was satisfied with the application and granted the extension. Consequently, the 30-day period for the commencement of protected industrial action for eligible employees was extended by a further 30 days from 18 October 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 employer be extended by a further 30 days, effective from 18 October 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established