v Lipa Pharmaceuticals Ltd Summary

[2024] FWC 1502

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

Lipa Pharmaceuticals Ltd

(B2024/736)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 7 JUNE 2024

Application to extend the 30 day period in relation to B2024/470.

This matter concerns the declaration of the result of a protected action ballot PR774036 held in matter B2024/470 and declared on 10 May 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.

Lipa Pharmaceuticals 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 7 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) heard an application by the United Workers' Union, on behalf of certain employees, seeking an extension to the 30-day period in which industrial action is authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009, in relation to ballot PR774036 held in matter B2024/470, which was declared on 10 May 2024. The employer, Lipa Pharmaceuticals Ltd, did not object to the application.

The legal issue before the Commission was whether the application met the statutory criteria for an extension of the 30-day period. Specifically, the Commission had to determine if the applicant had applied for the extension, and whether the period had not been extended previously. The application was clear that both conditions were satisfied, and the Commission found that the statutory requirements were met.

In reaching its decision, the Commission noted that the United Workers' Union had applied for the extension and that there had been no prior extension of the 30-day period. The Commission was satisfied that the application complied with section 459(3) of the Act, and granted the application accordingly. The decision extended the period for the commencement of protected industrial action by a further 30 days, effective from 7 June 2024.

The final orders made by the Commission were 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 Lipa Pharmaceuticals Ltd be extended by a further 30 days.

v Lipa Pharmaceuticals Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established