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

[2024] FWC 630

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

(B2024/176)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 MARCH 2024

Application to extend the 30 day period in relation to B2024/29

This matter concerns the declaration of the result of a protected action ballot (PR770277) held in matter B2024/29 and declared on 30 January 2024.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU or Applicant) 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.

Arnott’s Biscuits Limited (Arnott’s) has advised the Commission it does not object to this application.

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 Arnott’s be extended by a further 30 days.

This order will operate on and from 8 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) sought an extension to the 30-day period during which industrial action could be authorised by a protected action ballot. The application was made in relation to a matter involving Arnott’s Biscuits Limited, which did not object to the extension. The legal issue before the Commission was whether the CEPU had met the requirements under section 459(3) of the Fair Work Act 2009 to extend the period during which industrial action could be authorised.

Section 459(3) of the Fair Work Act 2009 allows for the extension of the 30-day period for protected industrial action if the applicant applies for the extension and the period has not previously been extended. The CEPU applied for the extension within the required timeframe, and the 30-day period had not been extended previously. The Commission was satisfied that the CEPU had met all the necessary criteria for an extension. The decision turned on the interpretation of the statutory provisions and the application of those provisions to the facts of the case.

Having considered the application and the submissions made by both parties, the Deputy President concluded that the requirements for an extension had been satisfied. The Deputy President ordered 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. The order was effective from 8 March 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established