v Ventia Australia Pty Ltd

[2024] FWC 1650

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

Ventia Australia Pty Ltd

(B2024/805)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 24 JUNE 2024

Application to extend the 30 day period in relation to B2024/270.

This matter concerns the declaration of the result of a protected action ballot PR772827 held in matter B2024/270 and declared on 15 May 2024.

The Australian Workers' Union, The 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.

Ventia Australia Pty Ltd 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 24 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union, The, has applied to the Fair Work Commission for an extension of the 30-day period in which industrial action is authorised by a protected action ballot. The application pertains to protected action ballot PR772827, which was declared on 15 May 2024, in relation to matter B2024/270. The applicant seeks an extension under section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission to extend the 30-day period by up to 30 days if certain conditions are met. Specifically, the applicant must apply for the extension, and the period must not have been extended previously.

The primary legal issue before the Deputy President was whether the conditions specified in section 459(3) of the Act had been fulfilled to warrant an extension of the 30-day period. The Deputy President considered whether the applicant had properly applied for the extension and whether the period had been previously extended. Given that Ventia Australia Pty Ltd did not object to the application, and the applicant had met all necessary criteria, the Deputy President found that the requirements for an extension were satisfied.

Upon reviewing the application and considering that the applicant met the statutory criteria for an extension, the Deputy President concluded that the 30-day period should be extended by an additional 30 days. The Deputy President was satisfied that the conditions of section 459(3) of the Act had been met, and no objections were raised by the employer. Therefore, the application was granted, and the extension of the 30-day period for the commencement of protected industrial action was approved.

The Fair Work Commission, pursuant to section 459(3) of the Act, orders 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 Ventia Australia Pty Ltd be extended by a further 30 days. This order will take effect from 24 June 2024.

CaseChat Overview and Summary

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Background to the litigation

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