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

[2022] FWC 37

FAIR WORK COMMISSION

DECISION
Fair Work Act 2009
s.739 - Application to deal with a dispute
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Ausgrid Management Pty Ltd T/A Ausgrid
(C2021/6461)

COMMISSIONER CAMBRIDGE

SYDNEY, 12 JANUARY 2022

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)].
[1] Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore, pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.
[2] An Order [PR737401] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<PR737399>

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to deal with a dispute arising under the enterprise agreement and the National Employment Standards with Ausgrid Management Pty Ltd, trading as Ausgrid. The Union sought to address issues concerning their members' employment conditions. The Commission was required to determine whether the application should be dismissed due to the applicant's failure to provide written advice or file a Notice of Discontinuance as requested.

The central legal issue the Commission needed to address was whether the application should be dismissed for want of prosecution under section 587 of the Fair Work Act 2009. This provision allows the dismissal of an application if the applicant fails to provide the necessary information or take the required steps within the stipulated timeframe. The Union had been repeatedly asked to provide written advice or file a Notice of Discontinuance, but had not complied with these requests.

The Commission found that despite multiple opportunities to provide the required information, the Union had failed to do so. As a result, the application was dismissed for want of prosecution. The Commission emphasised that the Union's non-compliance with the requests for information or a Notice of Discontinuance justified the dismissal under section 587 of the Fair Work Act 2009. An order dismissing the matter was issued concurrently with the decision.

The Commission concluded that the application was dismissed due to the Union's failure to comply with the procedural requirements, and an order was made to that effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established