Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Campbell Australasia Pty Ltd T/A Campbell's Soups Australia

Case [2023] FWC 3451
[2023] FWC 3451

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

Campbell Australasia Pty Ltd T/A Campbell's Soups Australia

(B2023/1403)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 DECEMBER 2023

Application to extend the 30 day period in relation to B2023/1181

  1. This matter concerns the declaration of the result of a protected action ballot (PR767706) held in matter B2023/1181and declared 6 December 2023.

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

  1. 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.”

  1. 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.

  1. Campbell Australasia Pty Ltd T/A Campbell’s Soups Australia (Campbell) did not advise the Commission of any objections.

  1. I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

  1. 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 Campbell be extended by a further 30 days.

  1. This order will operate on and from 22 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR769746>

Details
AGLC
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Campbell Australasia Pty Ltd T/A Campbell's Soups Australia [2023] FWC 3451
Case
[2023] FWC 3451
Decision Date

CaseChat Overview and Summary

The Fair Work Commission was asked to decide whether to extend the 30-day period in which industrial action can be taken by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) following a protected action ballot. The dispute involves CEPU members employed by Campbell Australasia Pty Ltd T/A Campbell's Soups Australia. The key legal issue before the Commission was whether the conditions set out in section 459(3) of the Fair Work Act 2009 had been met to allow for the extension of the 30-day period. Specifically, the Commission had to determine if the CEPU had made an application for the extension, and if the period had not previously been extended.

The Deputy President of the Fair Work Commission, Hampton, found that the CEPU had indeed made an application to extend the 30-day period, and that this period had not been extended before. Campbell Australasia Pty Ltd did not object to the application. The Deputy President concluded that all the statutory requirements for the extension had been satisfied and therefore granted the application. The 30-day period for the commencement of protected industrial action was extended by an additional 30 days, starting from 22 December 2023.

This decision provides clarity on the process and criteria for extending the authorisation period for industrial action under the Fair Work Act. The Fair Work Commission upheld the application from CEPU, allowing eligible members to continue their protected industrial action for a further 30 days. The decision underscores the importance of meeting the statutory requirements for such extensions, and it sets a precedent for similar applications in the future.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.