1 Fair Work Act 2009 s.459—Protected action Construction, Forestry, Maritime, Mining and Energy Union v Ventia (Australia) Pty Ltd (B2023/527) VICE PRESIDENT CATANZARITI SYDNEY, 5 JUNE 2023 Application to extend the 30 day period in relation to B2023/270 [1] On 2 June 2023, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR760576 made on 24 March 2023. The Order applies to certain employees of Ventia (Australia) Pty Ltd (the Respondent). [2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 10 May 2023. Pursuant to s. 459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expires at midnight on 8 June 2023. [3] The Respondent neither consented nor objected to the CFMMEU’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed. [4] In addressing s.459(3) of the Act, this application is made by the CFMMEU who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended. [5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 8 June 2023, the extension period will operate from 8 June 2023. [6] An order has been separately issued in PR762820. [2023] FWC 1330 DECISION [2023] FWC 1330 2 VICE PRESIDENT Printed by authority of the Commonwealth Government Printer <PR762821>