v Weatherford Australia Pty Ltd

[2024] FWC 3527

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

Weatherford Australia Pty Ltd

(B2024/1647)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 18 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1432.

This matter concerns the declaration of the result of a protected action ballot PR780939 held in matter B2024/1432 and declared on 19 November 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.

Weatherford Australia Pty Ltd 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 18 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission dealt with an application by the Australian Workers' Union (AWU) to extend the 30-day period during which industrial action is authorised by a protected action ballot. The matter concerns the declaration of the result of a ballot held in relation to Weatherford Australia Pty Ltd. Weatherford has no objection to the application. The Commission was required to determine whether the application met the criteria set out in section 459(3) of the Fair Work Act 2009.

The legal issue before the Commission was whether the application complied with the statutory requirements for extending the period during which industrial action is authorised by a protected action ballot. Section 459(3) of the Act permits the Fair Work Commission to extend the 30-day period by up to 30 days if the applicant for the protected action ballot order applies for the extension and if the period has not previously been extended. The AWU argued that it satisfied all the requirements for an extension and that the period should be extended by a further 30 days.

The Deputy President of the Fair Work Commission found that the application complied with the requirements of the Act. The AWU had applied for the extension and the period had not been previously extended. Weatherford had no objection to the application. The Deputy President was satisfied that the application met the statutory criteria and granted the extension. The 30-day period for the commencement of protected industrial action for eligible employees employed by Weatherford was extended by a further 30 days from 18 December 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established