Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v AusNet Electricity Services Pty Ltd and AusNet Transmission Group Pty Ltd T/A AusNet Services

[2017] FWC 4005

[2017] FWC 4005

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
AusNet Electricity Services Pty Ltd and AusNet Transmission Group Pty Ltd T/A AusNet Services
(B2017/634)

COMMISSIONER LEE MELBOURNE, 31 JULY 2017

Application to extend the 30-day period in relation to B2017/443.

[1] An application has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) under s.459 to extend the 30 day period in which industrial action is authorised by the protected action ballot issued in B2017/443. It has not previously sought to extend the period. The Respondent to the application is AusNet Electricity Services Pty Ltd and AusNet Transmission Group Pty Ltd T/A AusNet Services (the Respondent).

[2] The protected action ballot order was made on 2 June 2017 and the ballot was declared by the Australian Electoral Commission on 3 July 2017.

[3] Section 459 of the Act provides as follows:

“459 Circumstances in which industrial action is authorised by protected action ballot

(1) Industrial action by employees is authorised by a protected action ballot if:

(a) the action was the subject of the ballot; and

(b) at least 50% of the employees on the roll of voters for the ballot voted in the ballot; and

(c) more than 50% of the valid votes were votes approving the action; and

(d) the action commences:

(i) during the 30-day period starting on the date of the declaration of the results of the ballot; or

(ii) if the FWC has extended that period under subsection (3)—during the extended period.

(2) If:

(a) the nature of the proposed industrial action specified in the question or questions put to the employees in the protected action ballot included periods of industrial action of a particular duration; and

(b) the question or questions did not specify that consecutive periods of that industrial action may be organised or engaged in;

then only the first period in a series of consecutive periods of that industrial action is the subject of the ballot for the purposes of paragraph (1)(a).

(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. ”

[4] On 27 July 2017 my chambers wrote to the Respondent to ascertain if there was any objection to the application. On 28 July 2017 the Respondent advised my chambers that it did not consent to the application, however did not propose to lead any further submissions or evidence against the application and were content for the matter to be determined on the papers.

[5] The correspondence from the Respondent raised allegations that the Applicant had been taking unprotected industrial action and that they were concerned that the Applicant was pursuing non-permitted matters in bargaining. However, the Respondent did not seek to be heard on these matters.

[6] I have considered the allegations raised by the Respondent. They remain allegations. It would not be appropriate to not exercise the discretion to extend on that basis.

[7] The application for an extension of the 30-day period is granted.

[8] An order will be issued concurrently with this decision.

COMMISSIONER

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