v Laminex Group Pty Limited

[2024] FWC 1504

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

Construction, Forestry and Maritime Employees Union

Laminex Group Pty Limited

(B2024/741)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 7 JUNE 2024

Application to extend the 30 day period in relation to B2024/473.

This matter concerns the declaration of the result of a protected action ballot PR773999 held in matter B2024/473 and declared on 2 May 2024.

The Construction, Forestry and Maritime Employees 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.

The Laminex Group Pty Limited 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 7 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application by the Construction, Forestry and Maritime Employees Union to extend the 30-day period for commencing industrial action that was authorised by a protected action ballot. This application related to a ballot held for employees of the Laminex Group Pty Limited. The dispute centred on the interpretation and application of section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission to extend the 30-day period for taking industrial action if the applicant requests it and the period has not previously been extended. The Union argued that the conditions for an extension were satisfied and requested an additional 30-day period from the date of the ballot declaration.

The legal issue for the Fair Work Commission was whether the requirements set out in section 459(3) of the Act were met, specifically whether the application was made by an applicant for the protected action ballot order and whether the 30-day period had not previously been extended. The Laminex Group Pty Limited did not object to the application. The Deputy President found that the application met the statutory requirements and granted the extension, thereby allowing the employees an additional 30 days from the date of the ballot declaration to commence industrial action.

The Deputy President concluded that the requirements for an extension were met and granted the application. The 30-day period for commencing protected industrial action was extended by a further 30 days, effective from 7 June 2024. This decision provided clarity on the application of section 459(3) of the Fair Work Act 2009 and ensured that the employees had an extended period to organise their industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established