v Laminex Group Pty Limited Summary

[2024] FWC 1499

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

Laminex Group Pty Limited

(B2024/727)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 7 JUNE 2024

Application to extend the 30 day period in relation to B2024/471.

This matter concerns the declaration of the result of a protected action ballot PR773862 held in matter B2024/471 and declared on 10 May 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.

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 has considered an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period during which industrial action may be authorised by a protected action ballot. The application was made in relation to a previous matter, B2024/471, where the result of a protected action ballot PR773862 was declared on 10 May 2024. The union sought an extension under section 459(3) of the Fair Work Act 2009, which allows for an extension of up to 30 days if certain conditions are satisfied. The primary condition was that the 30-day period had not already been extended, a fact which was confirmed by the union.

The legal issue before the Commission was whether the union's application met the statutory criteria for an extension of the 30-day period for protected industrial action. The Commission had to assess whether the union had complied with the prerequisites set out in section 459(3) of the Act. These include the requirement that the union, which is the applicant for the protected action ballot order, must apply to the Commission for the extension, and that the 30-day period has not been extended previously. Laminex Group Pty Limited, the employer, did not object to the application. Consequently, the Commission's task was to determine if the union's application fulfilled these conditions and whether the extension should be granted.

The Deputy President of the Commission, Hampton, concluded that the union's application satisfied the statutory requirements for an extension. Given that Laminex Group Pty Limited had not raised any objections and the union had met the necessary conditions, the Deputy President found that the application should be granted. The 30-day period for the commencement of protected industrial action was therefore extended by a further 30 days from 7 June 2024. This decision was based on the union's compliance with the Act and the absence of any objections from the employer.

v Laminex Group Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established