v Tully Sugar Limited Summary

[2024] FWC 1478

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Tully Sugar Limited

(B2024/724)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 6 JUNE 2024

Application to extend the 30 day period in relation to B2024/463.

This matter concerns the declaration of the result of a protected action ballot PR773835 held in matter B2024/463 and declared on 9 May 2024.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period within which industrial action can be authorised by a protected action ballot, specifically in relation to a matter previously declared on 9 May 2024. The application was made under section 459(3) of the Fair Work Act 2009. The employer, Tully Sugar Limited, did not object to the application. The decision was rendered by Deputy President Hampton of the Fair Work Commission on 6 June 2024.

The central legal issue before the court was whether the 30-day period for the commencement of protected industrial action, as authorised by the protected action ballot PR773835 held in matter B2024/463, could be extended by an additional 30 days in accordance with section 459(3) of the Fair Work Act 2009. The Act provides that the Fair Work Commission may extend this period if the applicant for the protected action ballot order applies for such an extension and if the period has not previously been extended. The court had to determine if all conditions for such an extension had been met and if the application was justified.

In reaching its decision, the court considered the requirements set out in section 459(3) of the Fair Work Act 2009. The application met both criteria: the applicant had applied for the extension, and the 30-day period had not been previously extended. Given that Tully Sugar Limited had no objections, the court was satisfied that the application should be granted. Consequently, the court ordered 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 Tully Sugar Limited be extended by a further 30 days. This order took effect from 6 June 2024.

v Tully Sugar Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established