Association of Professional Engineers, Scientists and Managers, Australia, The v Kogan Creek Power Pty Ltd T/A CS Energy Pty Ltd

[2023] FWC 2692

[2023] FWC 2692

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

Association of Professional Engineers, Scientists and Managers, Australia, The

v

Kogan Creek Power Pty Ltd T/A CS Energy Pty Ltd

(B2023/1095)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 16 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/900

1. This matter concerns the declaration of the result of a protected action ballot (PR765724) held in matter B2023/900 and declared on 15 September 2023.

1. The Association of Professional Engineers, Scientists and Managers, Australia (APESM of 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.

1. 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.”

1. The application made by the APESM contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

1. Kogan Creek Power Pty Ltd T/A CS Energy Pty Ltd (CS Energy) has not advised the Commission of any objection to this application.

1. I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

1. 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 APESM members employed by CS Energy be extended by a further 30 days.

1. This order will operate on and from 16 October 2023.

DEPUTY PRESIDENT

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