v Maurice Blackburn Pty Ltd T/A Maurice Blackburn Lawyers

[2025] FWC 753

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

Australian Municipal, Administrative, Clerical and Services Union

Maurice Blackburn Pty Ltd T/A Maurice Blackburn Lawyers

(B2025/484)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 17 MARCH 2025

Application to extend the 30 day period in relation to B2025/201.

This matter concerns the declaration of the result of a protected action ballot PR783922 held in matter B2025/201 and declared on 18 February 2025.

The Australian Municipal, Administrative, Clerical and Services 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.

Maurice Blackburn Pty Ltd trading as Maurice Blackburn Lawyers 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 19 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union has applied to the Fair Work Commission for an extension of the 30-day period during which industrial action is authorised by a protected action ballot held in relation to Maurice Blackburn Pty Ltd T/A Maurice Blackburn Lawyers. The application concerns the extension of the authorisation period for industrial action following a ballot declared on 18 February 2025. The union seeks the extension under section 459(3) of the Fair Work Act 2009, which allows for a 30-day extension if certain conditions are met. These include that the applicant for the protected action ballot order applies to the Commission for the extension and that the period has not previously been extended. Maurice Blackburn Pty Ltd has indicated it has no objection to the application.

The primary legal issue before the Deputy President was whether the requirements of section 459(3) of the Fair Work Act 2009 were satisfied, thereby justifying the extension of the 30-day period for protected industrial action. The union's application needed to demonstrate that it had applied for the extension and that the period had not already been extended. The Deputy President needed to consider these elements and determine if the application was eligible for an extension based on the union's compliance with the statutory criteria.

The Deputy President found that the union had met the requirements set out in section 459(3) of the Fair Work Act 2009. The union had applied for the extension, and there was no evidence that the period had been previously extended. Additionally, the employer, Maurice Blackburn Pty Ltd, had no objection to the application. Therefore, the Deputy President concluded that the union's application should be granted, and the 30-day period for the commencement of protected industrial action would be extended by a further 30 days. This decision was made on the basis that the union had fulfilled the statutory conditions for an extension and that the employer had not opposed the application.

In light of the findings, the Deputy President ordered 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 Maurice Blackburn Pty Ltd be extended by a further 30 days. This extension would commence on 19 March 2025. The decision was made pursuant to section 459(3) of the Fair Work Act 2009 and aimed to ensure that the union's application was processed in accordance with the statutory framework.

CaseChat Overview and Summary

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Background to the litigation

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