v ISS Security Pty Ltd

[2024] FWC 2255

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

ISS Security Pty Ltd

(B2024/1065)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 AUGUST 2024

Application to extend the 30 day period in relation to B2024/875.

This matter concerns the declaration of the result of a protected action ballot PR776928 held in matter B2024/875 and declared on 30 July 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.

ISS Security 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 22 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the United Workers' Union to extend the 30-day period during which industrial action can be authorised by a protected action ballot. This application is in relation to matter B2024/875, which was declared on 30 July 2024. The respondent, ISS Security Pty Ltd, did not oppose the application. The application seeks an extension under section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission (FWC) to extend the 30-day period by up to 30 days if the applicant requests it and the period has not been previously extended.

The legal issue before the court was whether the United Workers' Union had met the requirements set out in section 459(3) of the Act to extend the 30-day period for protected industrial action. The application argued that all the necessary conditions had been satisfied, and no objections were raised by ISS Security Pty Ltd. The court needed to determine if the application met the statutory criteria and if the period should be extended by an additional 30 days.

The Deputy President found that the application complied with the requirements of the Act. Given that ISS Security Pty Ltd did not object to the application, the Deputy President was satisfied that the conditions for an extension were met. Therefore, the court granted the application, extending the 30-day period by an additional 30 days. The order took effect from 22 August 2024, allowing eligible employees who participated in the ballot to continue protected industrial action for an additional month.

The final order was that the 30-day period for the commencement of protected industrial action for eligible employees employed by ISS Security Pty Ltd be extended by a further 30 days, starting from 22 August 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established