v SeaRoad Shipping Pty Ltd Summary

[2024] FWC 1962

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

Construction, Forestry and Maritime Employees Union

SeaRoad Shipping Pty Ltd

(B2024/934)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 JULY 2024

Application to extend the 30 day period in relation to B2024/718.

This matter concerns the declaration of the result of a protected action ballot PR775659 held in matter B2024/718 and declared on 26 June 2024.

The Construction, Forestry and Maritime 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.

SeaRoad Shipping Pty Ltd has not advised the Commission of any 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 25 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involves an application by the Construction, Forestry and Maritime Employees Union to extend the 30-day period for industrial action authorized by a protected action ballot. The application was filed in relation to a ballot held under PR775659 in matter B2024/718, which was declared on 26 June 2024. The applicant seeks an extension under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period by up to 30 days if certain conditions are met, including that the period has not previously been extended.

The primary legal issue before the Commission was whether the requirements set out in section 459(3) of the Act had been satisfied, thereby justifying an extension of the 30-day period. The Act stipulates that an applicant must apply for the extension, and that the period must not have been extended previously. Additionally, the Commission must be satisfied that granting the extension is warranted. SeaRoad Shipping Pty Ltd did not object to the application.

The Deputy President found that the requirements under the Act had been met. The application was made by the applicant within the specified timeframe and there had been no prior extension of the 30-day period. The Commission concluded that the application should be granted. Consequently, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees employed by SeaRoad Shipping Pty Ltd be extended by a further 30 days, effective from 25 July 2024.

v SeaRoad Shipping Pty Ltd

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