Construction, Forestry, Maritime, Mining and Energy Union v Noorton Pty Ltd [2023] FWC 2437 (20 September 2023)

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Construction, Forestry, Maritime, Mining and Energy Union

Application to extend the 30 day period in relation to B2023/671

• [1] This matter concerns the declaration of the result of a protected action ballot (PR763908) held in matter B2023/671 and declared on 9 August 2023.

• [2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU or Applicant) 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.

• [3] 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

• [4] The application made by the CFMMEU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

• [5] Noorton Pty Ltd (Noorton) has advised the Commission it does not object to this application.

• [6] I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

• [7] 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 CFMMEU members employed by Noorton be extended by a further 30 days.

• [8] This order will operate on and from 20 September 2023.

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