v Vinidex Pty Ltd

[2024] FWC 2157

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

Vinidex Pty Ltd

(B2024/1012)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 13 AUGUST 2024

Application to extend the 30 day period in relation to B2024/788.

This matter concerns the declaration of the result of a protected action ballot PR776297 held in matter B2024/788 and declared on 11 July 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.

Vinidex 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 13 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR778294

CaseChat Overview and Summary

The matter before the Fair Work Commission concerns an application by the United Workers' Union to extend the 30-day period for protected industrial action, as authorised by a ballot, in relation to Vinidex Pty Ltd. The application is pursuant to section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the period by up to 30 days if certain conditions are met. The Union sought this extension for industrial action authorised by a protected action ballot, the result of which was declared on 11 July 2024.

The legal issues before the Commission involved verifying whether the Union's application satisfied the conditions outlined in section 459(3) of the Fair Work Act. Specifically, the Commission had to consider whether the Union had applied for the extension within the stipulated period, and whether the 30-day period had not already been extended previously. Additionally, the Commission needed to determine whether there were any objections from Vinidex Pty Ltd that would warrant denying the application.

In its decision, the Commission found that the Union's application met all the necessary requirements. The Union had timely applied for the extension, and there was no evidence that the 30-day period had been previously extended. Furthermore, Vinidex Pty Ltd did not object to the application, thereby leaving no grounds for the Commission to deny the Union's request. Consequently, the Deputy President ruled that the application should be granted.

Accordingly, the Fair Work Commission ordered that the 30-day period for the commencement of protected industrial action for eligible employees who participated in the ballot and are employed by Vinidex Pty Ltd be extended by a further 30 days. This extension took effect from 13 August 2024, thereby allowing the Union additional time to take industrial action if necessary.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established