v Tully Sugar Limited Summary

[2024] FWC 1476

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

Tully Sugar Limited

(B2024/726)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 6 JUNE 2024

Application to extend the 30 day period in relation to B2024/464.

This matter concerns the declaration of the result of a protected action ballot PR773837 held in matter B2024/464 and declared on 9 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.

Tully Sugar Limited 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 6 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Australian Workers' Union (AWU) to extend the 30-day period in which industrial action was authorised by a protected action ballot held for employees of Tully Sugar Limited. The Commission was required to decide whether to extend the period under section 459(3) of the Fair Work Act 2009. This section allows for an extension if the applicant for the protected action ballot order applies for the extension and if the period has not already been extended.

The primary legal issue before the Deputy President was whether the application met the statutory criteria set out in section 459(3) of the Act. The AWU argued that the application satisfied all the necessary requirements and should be granted an extension of the 30-day period. Tully Sugar Limited did not object to the application. The Deputy President found that the requirements of the Act had been met, and thus, the application should be granted.

In granting the application, the Deputy President noted that the AWU had applied for the extension within the prescribed timeframe and that the 30-day period had not been previously extended. The Commission was satisfied that extending the period would not cause any prejudice to Tully Sugar Limited, as the company had no objections. Consequently, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees be extended by a further 30 days, effective from 6 June 2024.

v Tully Sugar Limited

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