v Northern Co-Operative Meat Company Ltd

[2024] FWC 2507

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

Australasian Meat Industry Employees Union

Northern Co-Operative Meat Company Ltd

(B2024/1210)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/933.

This matter concerns the declaration of the result of a protected action ballot PR777468 held in matter B2024/933 and declared on 16 August 2024.

The Australasian Meat Industry Employees 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.

Northern Co-Operative Meat Company 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 16 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union has applied to the Fair Work Commission to extend the 30-day period during which industrial action is authorised by a protected action ballot, held under matter B2024/933. The result of this ballot was declared on 16 August 2024. The application was made under section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period by up to an additional 30 days, provided the Commission is satisfied that the requirements of the Act have been met and that the period has not been extended previously. Northern Co-Operative Meat Company Ltd, the employer in question, has no objection to the application.

The legal issue before the Deputy President was whether the requirements of section 459(3) of the Act had been satisfied. The application needed to show that the applicant for the protected action ballot order had applied for the extension, and that the period had not been previously extended. Given that the employer had no objection to the application, the Court had to determine if the application met the criteria set out in the Act.

The Deputy President found that the requirements of the Act were indeed satisfied. The application had been made by the union, and it was clear that the 30-day period had not been previously extended. Therefore, the application was granted. The Deputy President concluded 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, effective from 16 September 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established