v Joy Global Australia Pty Ltd T/A Komatsu Mining Corp Summary

[2024] FWC 2843

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Joy Global Australia Pty Ltd T/A Komatsu Mining Corp

(B2024/1327)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 14 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1259.

This matter concerns the declaration of the result of a protected action ballot PR779581 held in matter B2024/1259 and declared on 10 October 2024.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

Joy Global Australia Pty Ltd trading as Komatsu Mining Corp 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 14 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period in which industrial action is authorised by a protected action ballot. The employer, Joy Global Australia Pty Ltd trading as Komatsu Mining Corp, has not objected to the application. The application pertains to the declaration of the result of a protected action ballot, PR779581, held in matter B2024/1259 and declared on 10 October 2024.

The legal issue before the Commission was whether the 30-day period for the commencement of protected industrial action, as authorised by the relevant protected action ballot, should be extended by a further 30 days. The application was made pursuant to section 459(3) of the Fair Work Act 2009. The Act allows for the extension of this period under certain conditions, namely that the applicant must apply for the extension and the period must not have been extended previously.

In considering the application, the Deputy President found that the requirements of section 459(3) of the Act were satisfied. Specifically, the Union had applied for the extension, and the period had not been extended before. The employer had also not objected to the application. Given these facts, the Deputy President concluded that the application should be granted and ordered the extension of the 30-day period by an additional 30 days. This order was effective from 14 October 2024.

v Joy Global Australia Pty Ltd T/A Komatsu Mining Corp

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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