v Ingram Micro Pty Ltd

[2024] FWC 1334

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

United Workers' Union

Ingram Micro Pty Ltd

(B2024/564)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 21 MAY 2024

Application to extend the 30 day period in relation to B2024/4147.

This matter concerns the declaration of the result of a protected action ballot PR773328 held in matter B2024/4147 and declared on 24 April 2024.

The United Workers' 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.

Ingram Micro Pty Ltd 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 21 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involves an application by the United Workers' Union seeking an extension to the 30-day period within which industrial action is authorised by a protected action ballot. The application concerns the extension of the time limit in relation to matter B2024/4147, which pertains to a ballot held and declared on 24 April 2024. Ingram Micro Pty Ltd, the employer, has not raised any objections to the application.

The legal issue at hand is whether the FWC should exercise its discretion under section 459(3) of the Fair Work Act 2009 to extend the 30-day period during which protected industrial action can be authorised by the ballot. The application is predicated on the assertion that the statutory requirements for such an extension are satisfied, and the period has not previously been extended.

The Deputy President, Hampton, determined that the requirements of the Act had been fulfilled and that the application should be granted. As such, the FWC ordered that the 30-day period for the commencement of protected industrial action by eligible employees subject to the ballot and employed by the employer be extended by an additional 30 days, effective from 21 May 2024.

No further orders were made by the Commission beyond the extension of the time period for the commencement of protected industrial action.

CaseChat Overview and Summary

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