Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Bega Cheese Limited

[2019] FWC 5463

[2019] FWC 5463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.447—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Bega Cheese Limited
(B2019/633)

DEPUTY PRESIDENT DEAN SYDNEY, 7 AUGUST 2019

Application for a variation of a Protected Action Ballot Order in B2019/606.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made an application under s.447 of the Fair Work Act 2009 to vary a protected action ballot order (the Order) issued by the Commission on 31 July 2019 in matter B2019/606. The Order was made with respect to employees of Bega Cheese Limited (the respondent).

[2] The CEPU’s application seeks to vary the Order to the effect that the date by which voting is to close be extended to 13 September 2019. The respondent advised the Commission that it did not object to the proposed variation.

[3] Section 447 of the Act sets out the circumstances in which the Commission may vary a protected action ballot order:

447 Variation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to the FWC to vary the order.

(2) The protected action ballot agent for a protected action ballot may apply to the FWC to vary the protected action ballot order to change the date by which voting in the ballot closes.

(3) An application may be made under subsection (1) or (2):

(a) at any time before the date by which voting in the protected action ballot closes; or

(b) if the ballot has not been held before that date and the FWC consents - after that time.

(4) If an application is made under subsection (1) or (2), the FWC may vary the protected action ballot order.

[4] Having considered the material before me, I am satisfied that the requirements of s.447 of the Act have been met and the variation should be made. Accordingly, the Order will be varied to extend the closing date of the vote to 13 September 2019. An order to that effect will be issued with this decision.

DEPUTY PRESIDENT

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