| [2023] FWC 3444 |
| 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
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
APT Management Services Pty Ltd, APA VTS Australia (Operations) Pty Ltd
(B2023/1393)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 21 DECEMBER 2023 |
Application to extend the 30 day period in relation to B2023/1213
This matter concerns the declaration of the result of a protected action ballot (PR768025) held in matter B2023/1213 and declared 20 November 2023.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.
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.”
The application made by the CEPU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.
APT Management Services Pty Ltd, APA VTS Australia (Operations) Pty Ltd (APT and APA) has not raised any objections.
I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.
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 CEPU members employed by APT and APA be extended by a further 30 days.
This order will operate on and from 21 December 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR769725>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v APT Management Services Pty Ltd, APA VTS Australia (Operations) Pty Ltd [2023] FWC 3444
- Case
- [2023] FWC 3444
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the requirements under section 459(3) of the Act for extending the 30-day period had been satisfied. The Act permits such an extension if the applicant for the protected action ballot order applies to the Commission and if the period has not previously been extended. The CEPU argued that both conditions were fulfilled and requested an extension of an additional 30 days. The Deputy President Hampton concluded that the requirements of the Act had indeed been met and that the application should be granted.
The Deputy President Hampton found that the application met the statutory criteria and granted the extension. The decision was based on the CEPU's compliance with the Act's provisions and the absence of objections from APT and APA. Consequently, the Fair Work Commission ordered that the 30-day period for the commencement of protected industrial action for eligible CEPU members employed by APT and APA be extended by a further 30 days, effective from 21 December 2023. This decision ensures that the union can proceed with the authorised industrial action within the extended timeframe.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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