v Terminals Pty Ltd Summary

[2024] FWC 1336

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

United Workers' Union

Terminals Pty Ltd

(B2024/563)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 21 MAY 2024

Application to extend the 30 day period in relation to B2024/418.

This matter concerns the declaration of the result of a protected action ballot PR773358 held in matter B2024/418 and declared on 24 April 2024.

The United 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.

Terminals Pty Ltd trading as Quantem Bulk Liquid Storage and Handling has advised the Commission it has 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 21 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union applied to the Fair Work Commission (FWC) to extend the 30-day period within which industrial action could be taken by employees following a protected action ballot. The application was in relation to matter B2024/418, which involved Terminals Pty Ltd trading as Quantem Bulk Liquid Storage and Handling. The Commission was asked to determine whether the period could be extended under section 459(3) of the Fair Work Act 2009.

The central legal issue was whether the FWC had the discretion to extend the 30-day period as requested by the Union, given that the requirements under section 459(3) of the Act were satisfied. The Union argued that the conditions for an extension were met, as the period had not previously been extended, and Terminals Pty Ltd had no objections to the application. The Court needed to consider whether the statutory criteria were met and if the extension was warranted in this case.

The Deputy President, Hampton, found that the Union's application met the statutory criteria for an extension. Given that the 30-day period had not previously been extended and that the employer had no objections, the Court concluded that the application should be granted. The Deputy President emphasised that the Union had fulfilled all the necessary conditions under the Act to warrant an extension of the period. Consequently, the Court ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 21 May 2024.

This decision confirms that the FWC has the authority to extend the 30-day period under the specified conditions of the Fair Work Act. The Court's order will allow eligible employees to take protected industrial action for an additional 30 days from the date of the decision, providing them with an extended period to pursue their industrial objectives.

v Terminals Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established