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

[2023] FWC 2452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

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

Bisalloy Steels Pty Ltd

(B2023/1014)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 SEPTEMBER 2023

Application to extend the 30 day period in relation to B2023/715

This matter concerns the declaration of the result of a protected action ballot (PR764316) held in matter B2023/715 and declared on 23 August 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.

Bisalloy Steels Pty Ltd has advised the Commission it does not object 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 Bisalloy Steels Pty Ltd be extended by a further 30 days.

This order will operate on and from 21 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was tasked with reviewing an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) to extend the authorised period for industrial action, which was initially set at 30 days. This application was in relation to a protected action ballot held in the case of B2023/715, with Bisalloy Steels Pty Ltd being the employer involved. The ballot result was declared on 23 August 2023, and the CEPU sought to extend the period for commencing industrial action by an additional 30 days in line with section 459(3) of the Fair Work Act 2009. Bisalloy Steels Pty Ltd did not object to the application.

The primary legal issue before the Commission was whether the CEPU's application met the statutory criteria for an extension of the 30-day period for protected industrial action. Specifically, the Commission needed to determine if the application was made by an applicant for the protected action ballot order and whether the period had not been previously extended. Section 459(3) of the Act stipulates that the Fair Work Commission can extend the period by up to 30 days if these conditions are satisfied.

In considering the application, the Deputy President Hampton found that the CEPU had fulfilled the requirements under section 459(3) of the Act. There was no objection from Bisalloy Steels Pty Ltd, and the conditions for the extension were met. Consequently, the Deputy President granted the application, extending the 30-day period by an additional 30 days. This decision was based on the fact that the application was made by the CEPU, which was the applicant for the original protected action ballot order, and that the 30-day period had not been previously extended. The order extending the period for industrial action by eligible CEPU members employed by Bisalloy Steels Pty Ltd came into effect from 21 September 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established