v Terminals Pty Ltd Summary

[2024] FWC 1370

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

(B2024/580)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 24 MAY 2024

Application to extend the 30 day period in relation to B2024/423.

This matter concerns the declaration of the result of a protected action ballot PR773392 held in matter B2024/423 and declared on 26 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 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 24 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on an application by the United Workers' Union to extend the 30-day period during which industrial action is authorised by a protected action ballot held in the case of B2024/423. The application was made under section 459(3) of the Fair Work Act 2009. The union sought an extension of the period in which industrial action could be taken by employees of Terminals Pty Ltd, trading as Quantem. Terminals Pty Ltd did not object to the application.

The legal issue before the Deputy President was whether the application met the criteria set out in section 459(3) of the Act for an extension of the 30-day period. The union argued that the application was made by an applicant for the protected action ballot order, and that the period had not previously been extended. The union contended that the requirements of the Act were satisfied and that the period should be extended by a further 30 days.

The Deputy President found that the union had met the requirements of the Act, and that the application should be granted. The Deputy President was satisfied that the union had applied for the extension, and that the period had not been extended before. The Deputy President ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 24 May 2024.

This decision ensures that the employees of Terminals Pty Ltd, trading as Quantem, have additional time to take industrial action, subject to the conditions set out in the Act. The extension provides the union with the opportunity to negotiate with the employer, potentially avoiding or resolving the industrial dispute.

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