Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Addelec Power Services Pty Ltd
[2023] FWC 405
•21 FEBRUARY 2023
| [2023] FWC 405 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.447—Protected action
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Addelec Power Services Pty Ltd
(B2023/123)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 21 FEBRUARY 2023 |
Application for a variation of a Protected Action Ballot Order in B2023/9.
This is an application by the Australian Electoral Commission (AEC) made under s.447 of the Fair Work Act 2009 (Act) for variation of a protected action ballot order in matter B2023/9 on 10 January 2023 (the Order).
The AEC’s application, made on 16 February 2023, seeks to vary the Order to the effect that the date by which voting is to close is no later than 22 March 2023.
Section 447 of the Act sets out the circumstances in which the Fair Work Commission (Commission) may vary a protected action ballot order:
“447 Variation of protected action ballot order
(1) An applicant for a protected action ballot order may apply to the FWC to vary the order.
(2) The protected action ballot agent for a protected action ballot may apply to the FWC to vary the protected action ballot order to change the date by which voting in the ballot closes.
(3) An application may be made under subsection (1) or (2):
(a) at any time before the date by which voting in the protected action ballot closes; or
(b) if the ballot has not been held before that date and the FWC consents - after that time.
(4) If an application is made under subsection (1) or (2), the FWC may vary the protected action ballot order.
The background and context for the application is that on 15 February 2023, the AEC became aware that the ballot papers which had been posted to voters only contained questions 1 to 10 of the Order rather than the full list of questions 1 to 19. In order to accommodate a further period to allow for new ballot papers containing the full list of questions 1 to 19 to be posted to voters, the AEC proposes to extend the date by which the ballot closes to no later than 22 March 2023.
On 16 February 2023, my Associate was advised that Addelec Power Services Pty Ltd did not object to the application. On 17 February 2023, my Associate was advised that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia did not object to the application.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
Having regarding to the material before me, I am satisfied it is appropriate in the circumstances for the variation to be made. Accordingly, the Order will be varied to the extent that the date by which voting is to close is no later than 22 March 2023.
An order has been separately issued in PR750728.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR750727>
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