WA Branch makes history as FWA publishes first decision

In what appears to be its first published decision, Fair Work Australia (FWA) has ruled on an application to extend a Work Choices industrial action authorisation to apply under the new legislation.

The Australian Services Union applied to FWA under schedule 13, clause 14A of the Fair Work (Transitional Provisions and Consequential Amendments) Act to extend the authorisation it had gained under the Workplace Relations Act to take protected industrial action against the City of Swan, in Perth.

The transitional provision provides a 28-day window from July 1 for bargaining representatives to seek to extend pre-Fair Work Act authorisations to take protected action.

Under the old legislation, Deputy President Brendan McCarthy made a protected action ballot order on May 9, and members voted in favour of industrial action.

Ruling on the ASU's extension application, Vice President Michael Lawler granted the application to extend the protect action ballot, after he accepted that the union had met the criteria under clause 14A(3) - that the union had organised industrial action, that it was authorised and protected, that no industrial action had been taken since July 1, that no new collective agreement had been approved by employees subject to the authorisation, that the proposed agreement would cover those employees, that the union was genuinely trying to reach agreement and that it was reasonable in the circumstances to make the order.