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

[2024] FWC 1077

[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

1. 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.

1. 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.

1. 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.”

1. 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.

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

1. 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.

1. 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.

1. This order will operate on and from 29 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR774219>