v SCT Opco Pty Ltd

[2024] FWC 2879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union

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

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)).

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.”

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 It has since withdrawn its objection.

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.

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.

This order will operate from 16 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter of United Workers’ Union v SCT Opco Pty Ltd before the Fair Work Commission concerned an application to extend the 30-day period for protected action following a ballot. The ballot, identified as PR779051, was declared on 20 September 2024, authorising industrial action under section 459 of the Fair Work Act 2009. On 14 October 2024, the Union applied to the Commission to extend the period within which the industrial action could commence. SCT Opco Pty Ltd initially objected to the application but subsequently withdrew its objection.

The primary legal issue before the Commission was whether the requirements for extending the 30-day period under section 459(3) of the Act were satisfied. The Act allows for an extension of the period if the applicant for the protected action ballot order applies to the Commission and if the period has not previously been extended. The Deputy President, Colman, had to determine whether these conditions were met based on the material presented.

After considering the application and the withdrawal of SCT’s objection, the Deputy President concluded that the requirements for extending the 30-day period had been met. The Deputy President exercised the discretion under section 459(3) to grant the application, ordering that the period for the commencement of protected industrial action be extended by 30 days. This extension took effect from 16 October 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established