Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2014] FWC 338

[2014] FWC 338

The attached document replaces the document previously issued with the above code on 13 January 2014.

The paragraph numbers have been edited to be sequential.

Annalise Wood

Associate to Commissioner Lewin

Dated: 15 January 2014

[2014] FWC 338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(B2014/429)

COMMISSIONER LEWIN MELBOURNE, 13 JANUARY 2014

Application to extend 30-day period in relation to B2013/1378.

[1] This matter concerns the declaration of the result of a protected action ballot (PR544083) held in matter B2013/1378 and declared on 11 December 2013.

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 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

(b) the period has not previously been extended.”

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

[5] Powercor Australia Ltd has advised the Commission that the application is not opposed.

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

[7] Accordingly, pursuant to section 459(3) of the Fair Work Act 2009, the 30 day period for the commencement of protected industrial action for eligible ETU members employed by Powercor Australia Ltd, is extended by a further 30 days.

[8] An order will issue accordingly.

COMMISSIONER

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<Price code A, PR546782>