v Innovative Asset Solutions Pty Ltd

[2024] FWC 2271

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 Workers' Union

Innovative Asset Solutions Pty Ltd

(B2024/1076)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 AUGUST 2024

Application to extend the 30 day period in relation to B2024/811.

This matter concerns the declaration of the result of a protected action ballot PR776395 held in matter B2024/811 and declared on 11 July 2024.

The Australian 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.

Innovative Asset Solutions Pty Ltd 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 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union applied to the Fair Work Commission to extend the 30-day period during which industrial action could be taken following the outcome of a protected action ballot held in relation to employees of Innovative Asset Solutions Pty Ltd. The ballot was declared on 11 July 2024 and the union sought an extension of the period pursuant to section 459(3) of the Fair Work Act 2009. The employer, Innovative Asset Solutions Pty Ltd, did not object to the application. The union's application was to extend the period by a further 30 days, which is the maximum allowable under the Act.

The primary legal issue before the Deputy President was whether the requirements of section 459(3) of the Act had been satisfied, thereby justifying an extension of the 30-day period. The union argued that it had applied to the Commission for an extension and that the period had not been extended previously. The employer did not oppose the application. The Deputy President was satisfied that the union had met the requirements of the Act and that the application should be granted.

In its decision, the Deputy President noted that the union had met the statutory criteria for an extension, and that the employer did not object to the application. The Deputy President was satisfied that the extension was appropriate and granted the union's application. The 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 23 August 2024. The Deputy President's order reflected the union's application and provided clarity on the extended timeline for industrial action in this matter.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established