Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Arnott's Biscuits Limited

[2024] FWC 1077

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

Arnott's Biscuits Limited

(B2024/476)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 29 APRIL 2024

Application to extend the 30 day period in relation to B2024/198

This matter concerns the declaration of the result of a protected action ballot (PR772184) held in matter B2024/198 and declared on 25 March 2024.

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 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.

Arnott’s Biscuits Limited has advised the Commission is has no objection to this application.

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.

Accordingly, pursuant to section 459(3) of the Fair Work Act 2009, I order that the 30-day period for the commencement of protected industrial action for eligible CEPU members employed by Arnott's Biscuits Limited be extended by a further 30 days.

This order will operate on and from 29 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to the Fair Work Commission (FWC) to extend the 30-day period within which industrial action could be taken, as authorised by a protected action ballot. The application was in relation to matter B2024/198, which involved Arnott’s Biscuits Limited. The CEPU sought to extend the authorisation period under section 459(3) of the Fair Work Act 2009.

The central legal issue before the Deputy President was whether the statutory requirements for extending the authorisation period for protected industrial action were met. Specifically, the court had to determine whether the CEPU had made an application to the FWC within the prescribed timeframe and whether the 30-day period had not been previously extended. Arnott’s Biscuits Limited did not object to the application.

The Deputy President found that the requirements of the Act were satisfied. The CEPU had made an application to the FWC, and the 30-day period had not been previously extended. Consequently, the application was granted, and the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 29 April 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established