v Surf Life Saving Queensland

[2025] FWC 321

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 Workers' Union

Surf Life Saving Queensland

(B2025/206)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 5 FEBRUARY 2025

Application to extend the 30 day period in relation to B2024/1646.

This matter concerns the declaration of the result of a protected action ballot PR782575 held in matter B2024/1646 and declared on 8 January 2025.

The Australian Workers' 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.

Surf Life Saving Queensland has advised the Commission that they have 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 6 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union has applied to the Fair Work Commission to extend the 30-day period in which industrial action is authorised by a protected action ballot held in relation to Surf Life Saving Queensland. The matter pertains to a protected action ballot PR782575, the result of which was declared on 8 January 2025. The application seeks to extend the 30-day period under section 459(3) of the Fair Work Act 2009, which permits the Commission to extend the period if the applicant applies and the period has not already been extended. Surf Life Saving Queensland has not objected to the application.

The central legal issue before the Deputy President was whether the conditions specified in section 459(3) of the Fair Work Act 2009 were satisfied, allowing for the extension of the 30-day period. The applicant argued that all the requirements had been met, and thus the period should be extended by a further 30 days. The Deputy President considered the application and the absence of any objections from Surf Life Saving Queensland. After reviewing the relevant provisions and circumstances, the Deputy President determined that the application met the statutory criteria and granted the extension.

In granting the application, the Deputy President relied on the fact that the applicant had met the statutory requirements and that Surf Life Saving Queensland had no objections. The Deputy President found that the extension would not prejudice any party and was consistent with the provisions of the Fair Work Act 2009. Therefore, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 6 February 2025.

The final order of the Fair Work Commission, pursuant to section 459(3) of the Fair Work Act 2009, is 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 Surf Life Saving Queensland be extended by a further 30 days. This extension is effective from 6 February 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established