v Linfox Australia Pty Ltd Summary

[2024] FWC 3110

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

Linfox Australia Pty Ltd

(B2024/1448)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 12 NOVEMBER 2024

Application to extend the 30 day period in relation to B2024/1116.

This matter concerns the declaration of the result of a protected action ballot PR778835 held in matter B2024/1116 and declared on 15 October 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.

Linfox Australia 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 12 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application from the United Workers' Union to extend the period for which industrial action is authorised by a protected action ballot, specifically in relation to PR778835. This ballot was held and declared on 15 October 2024. The application was made under section 459(3) of the Fair Work Act 2009, seeking to extend the 30-day period during which industrial action can be taken by a further 30 days. Linfox Australia Pty Ltd, the employer, did not object to the application.

The legal issue before the Commission was whether the application met the criteria outlined in section 459(3) of the Act. This section allows the Fair Work Commission to extend the 30-day period if the applicant requests the extension and the period has not already been extended. The Commission had to determine if the Union's application satisfied these conditions and if the extension was warranted.

The Commission found that the Union's application fulfilled the requirements of section 459(3) of the Act. Given that Linfox Australia Pty Ltd did not oppose the application, the Commission concluded that the 30-day period for protected industrial action should be extended. The decision was made in light of the Union's application and the absence of any objections from the employer.

In light of the findings, the Fair Work Commission granted the application and ordered that the 30-day period for the commencement of protected industrial action be extended by an additional 30 days. This extension took effect from 12 November 2024.

v Linfox Australia Pty Ltd

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