v Southern Ports Authority T/A Southern Ports

[2024] FWC 3072

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 Maritime Officers' Union

Southern Ports Authority T/A Southern Ports

(B2024/1424)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 6 NOVEMBER 2024

Application to extend the 30 day period in relation to B2024/1226.

This matter concerns the declaration of the result of a protected action ballot PR779378 held in matter B2024/1226 and declared on 10 October 2024.

The Australian Maritime Officers' 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.

Southern Ports Authority trading as Southern Ports 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 6 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Australian Maritime Officers' Union seeking an extension of the 30-day period for industrial action, as authorised by a protected action ballot, from the Fair Work Commission (FWC). The application is pursuant to section 459(3) of the Fair Work Act 2009, which allows for an extension of the period if specific criteria are met. The Southern Ports Authority, trading as Southern Ports, has not opposed the application. The primary legal issue before the FWC was whether the application met the requirements set out in section 459(3) of the Act for an extension of the 30-day period.

The FWC assessed whether the applicant had applied for the extension and whether the period had not been previously extended. The Australian Maritime Officers' Union had applied for the extension, and there was no evidence that the period had been extended before. Given that the applicant met these criteria, the FWC found that the application should be granted. The Southern Ports Authority did not present any objections, further supporting the grant of the application.

The FWC granted the application, extending the 30-day period by an additional 30 days. This extension took effect from 6 November 2024. The decision was made under section 459(3) of the Fair Work Act 2009, ensuring that the eligible employees who participated in the ballot and are employed by the Southern Ports Authority can proceed with their planned industrial action within the extended timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established