DECISION

Fair Work Act 2009
s.459—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Ausgrid Management Pty Ltd
(B2021/569)

VICE PRESIDENT CATANZARITI

SYDNEY, 26 JULY 2021

Application to extend the 30 day period in relation to B2021/357.

[1] On 21 July 2021, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR730181 made on 4 June 2021. The Order applies to certain employees of Ausgrid Management Pty Ltd (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 25 June 2021. Pursuant to s. 459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expired at midnight on 24 July 2021.

[3] On 22 July 2021, the Respondent advised the Commission via email that it does not oppose the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

[5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 24 July 2021, the extension period will operate from 24 July 2021.

[6] An order has been separately issued in PR732020.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought an extension of the 30-day period for filing a notice of appeal against a decision of the Commission in relation to a matter identified as B2021/357. The respondent, Ausgrid Management Pty Ltd, contested the application. The dispute centred around the procedural timelines for appeals within the Fair Work Commission's jurisdiction, specifically the statutory 30-day window for lodging an appeal.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly sections concerning the timeframe for filing appeals. The Union argued that exceptional circumstances warranted an extension beyond the statutory period, citing delays caused by the COVID-19 pandemic. The respondent maintained that the statutory timeframe was mandatory and should not be extended under any circumstances.

The Commission, after considering the arguments presented, found that the statutory 30-day period for filing an appeal was indeed mandatory and not subject to extension. The Commission held that while the COVID-19 pandemic created challenges, it did not constitute an exceptional circumstance that would justify an extension of the statutory period. The application for an extension was therefore dismissed.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Ausgrid Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established