v Maurice Blackburn Pty Ltd T/A Maurice Blackburn Lawyers

[2024] FWC 3574

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

(B2024/1671)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1457.

This matter concerns the declaration of the result of a protected action ballot PR781238 held in matter B2024/1457 and declared on 29 November 2024.

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 T/A 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 29 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, led by Deputy President Hampton, has dealt with an application to extend the period for which industrial action is authorised by a protected action ballot. The Australian Municipal, Administrative, Clerical and Services Union has sought to extend the 30-day period under section 459(3) of the Fair Work Act 2009 for the employees of Maurice Blackburn Pty Ltd, trading as Maurice Blackburn Lawyers. The application was filed in relation to a ballot declared on 29 November 2024.

The core legal issue before the court was whether the requirements set out in section 459(3) of the Act were satisfied to justify an extension of the 30-day period. The Act allows for an extension if the applicant for the protected action ballot order applies to the FWC and if the period has not previously been extended. The Union argued that both conditions had been met and that an additional 30-day extension was warranted. The employer, Maurice Blackburn Pty Ltd, did not oppose the application.

In granting the application, the Deputy President Hampton found that the Union had fulfilled the statutory prerequisites for an extension. The employer's lack of objection further supported the application's merits. The court determined that the application should be approved and the 30-day period for commencing protected industrial action should be extended by an additional 30 days. This extension was to commence from 29 December 2024.

This decision confirms the extension of the period for protected industrial action by eligible employees under the specified conditions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established