Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines

[2021] FWC 6187

[2021] FWC 6187

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
Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines
(B2021/1023)

VICE PRESIDENT CATANZARITI SYDNEY, 26 OCTOBER 2021

Application to extend the 30 day period in relation to B2021/654

[1] On 20 October 2021, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, Qld and NT Divisional Branch (the ETU) (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR732795 made on 12 August 2021. The Order applies to certain employees of Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 23 September 2021. Pursuant to s.459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expired at midnight on 22 October 2021.

[3] On 21 October 2021, the Respondent advised the Commission via email that it does not oppose the ETU’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

[5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 22 October 2021, the extension period will operate from 22 October 2021.

[6] An order has been separately issued in PR735173.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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