[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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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2014] FWC 338
- Case
- [2014] FWC 338
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the union had provided sufficient justification for an extension beyond the statutory 30-day period for lodging its application. The union argued that it had encountered unforeseen delays that warranted an extension, and it needed additional time to properly prepare its submission. The court had to evaluate the merits of these arguments and determine whether the union's circumstances indeed constituted a valid ground for an extension.
The court meticulously examined the union's application, considering the rationale provided for the requested extension. It assessed the nature and extent of the delays, as well as the union's efforts to mitigate the impact of these delays. The court also weighed the potential prejudice to other parties if the extension were granted. Ultimately, the court found that the union's circumstances did warrant an extension, and it ruled in favour of granting the union an additional period to file its application. The court's decision was based on a comprehensive analysis of the union's explanation and the broader implications of the delay.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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