v SCT Opco Pty Ltd

[2024] FWC 2879

[2024] FWC 2879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union

v

SCT Opco Pty Ltd

(B2024/1349)

DEPUTY PRESIDENT COLMAN MELBOURNE, 16 OCTOBER 2024

Application to extend the 30-day period in relation to B2024/1168

1. This matter concerns an application that relates to the declaration of the result of a protected action ballot [PR779051] held in matter B2024/1168. The result of the ballot was declared on 20 September 2024. On 14 October 2024, the United Workers’ Union applied under s 459(3) of the Fair Work Act 2009 (Act) to extend the 30-day period in which industrial action is authorised by the ballot (see s 459(1)).

1. 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.”

1. SCT Opco Pty Ltd (SCT) initially advised the Commission that it objected to the application. It has since withdrawn its objection.

1. Based on the material before the Commission, I am satisfied that the requirements of s 459(3) have been met and that it is appropriate to exercise my discretion to grant the application.

1. Pursuant to s 459(3), I order that the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and who are employed by SCT be extended by 30 days.

1. This order will operate from 16 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

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