| [2023] FWC 3118 |
| 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
BAE Systems Australia Limited T/A BAE Systems Australia
(B2023/1287)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 27 NOVEMBER 2023 |
Application to extend the 30 day period in relation to B2023/1123
This matter concerns the declaration of the result of a protected action ballot (PR767451) held in matter B2023/1123 and declared on 13 November 2023.
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.
BAE Systems Australia Limited T/A BAE Systems Australia (BAE) has advised the Commission it has no objection 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 BAE be extended by a further 30 days.
This order will operate on and from 27 November 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR768714>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v BAE Systems Australia Limited T/A BAE Systems Australia [2023] FWC 3118
- Case
- [2023] FWC 3118
- Decision Date
CaseChat Overview and Summary
The key legal issue before the FWC was whether the conditions stipulated in section 459(3) of the Fair Work Act were satisfied. The CEPU argued that the conditions were met, while BAE Systems expressed no objection to the application. The FWC found that the CEPU had complied with the statutory requirements and that there were no impediments to granting the extension. The decision hinged on the interpretation of the legislative provisions and the straightforward compliance with these conditions by the CEPU.
The FWC determined that the statutory conditions were met, and accordingly, granted the extension of the 30-day period for the commencement of protected industrial action for eligible CEPU members employed by BAE Systems. The decision was based on the absence of any objections from BAE Systems and the clear compliance by the CEPU with the statutory requirements. The extension order was made to commence from 27 November 2023, thereby allowing the authorised industrial action to proceed for an additional 30 days beyond the initial period.
Orders
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Background
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