v The Trustee For Box Hill Cemetery Trust T/A Box Hill Public Cemetery Summary

[2024] FWC 1617

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

The Trustee For Box Hill Cemetery Trust T/A Box Hill Public Cemetery

(B2024/789)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 JUNE 2024

Application to extend the 30 day period in relation to B2024/450.

This matter concerns the declaration of the result of a protected action ballot PR773669 held in matter B2024/450 and declared on 31 May 2024.

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.

The Trustee For Box Hill Cemetery Trust T/A Box Hill Public Cemetery 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 20 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< PR776251>

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers' Union applied to extend the 30-day period for industrial action authorised by a protected action ballot held under matter number B2024/450. The application was made against the Trustee for Box Hill Cemetery Trust, trading as Box Hill Public Cemetery, which did not object to the application. The matter was heard by Deputy President Hampton on 20 June 2024. The Commission was required to consider whether the statutory criteria for extending the 30-day period under section 459(3) of the Fair Work Act 2009 had been met. Specifically, it needed to determine if the applicant had applied for the extension and whether the period had not previously been extended.

The Deputy President found that the application met the statutory criteria as required by section 459(3) of the Fair Work Act 2009. The applicant, the Australian Workers' Union, had indeed applied for the extension, and there was no indication that the 30-day period had been extended before. Given the absence of any objections from the employer, the Trustee for Box Hill Cemetery Trust, and the satisfaction of the statutory requirements, the Deputy President concluded that the application should be granted. The Deputy President then ordered that the 30-day period for the commencement of protected industrial action for eligible employees employed by the Trustee for Box Hill Cemetery Trust be extended by an additional 30 days, effective from 20 June 2024.

v The Trustee For Box Hill Cemetery Trust T/A Box Hill Public Cemetery

CaseChat Overview and Summary

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Background to the litigation

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