DECISION

Fair Work Act 2009
s.459—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Chubb Fire & Security Pty Ltd
(B2019/1418)

DEPUTY PRESIDENT DEAN

SYDNEY, 6 JANUARY 2020

Application to extend the 30-day period in relation to B2019/1229.

[1] On 30 December 2019, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made an application to the Fair Work Commission pursuant to s. 459(3) of the Fair Work Act 2009 to extend the 30 day period for protected action authorised by a protected action ballot order, PR713711 (the Order) made on 25 October 2019. The Order applies to certain employees of Chubb Fire & Security Pty Ltd (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 6 December 2019. 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 expires at midnight on 4 January 2020.

[3] On 6 January 2020, the Respondent advised that it did not oppose the application. I have therefore 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 CEPU 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 has been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 4 January 2020, the extension period will operate from 4 January 2020.

[6] An order has been separately issued in PR715720.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking an extension of the 30-day period in relation to a particular matter, B2019/1229. This case revolved around the procedural timelines set for the submission of documents and the potential implications of these timelines on the union's ability to effectively represent its members' interests. The Commission was tasked with determining whether the union's request for an extension was justified and whether any exceptional circumstances warranted a departure from the standard procedural rules.

The central legal issue before the Commission was whether the union's application for an extension of time should be granted, considering the specific circumstances of the case and the potential impact on the proceedings. The union argued that due to unforeseen complications, including difficulties in obtaining necessary documentation and the complexity of the case, they required additional time to prepare and present their case effectively. The Commission had to assess these arguments against the principles of procedural fairness and the importance of maintaining timely and efficient processes within the workplace relations framework.

After considering the arguments presented by the union and the submissions from the other party, Chubb Fire & Security Pty Ltd, the Commission determined that the union's application for an extension should be granted. The Commission found that the circumstances presented by the union were exceptional and justified an extension of the 30-day period. The decision was based on the potential impact of the delay on the union's ability to adequately represent its members and the overall fairness of the proceedings. The Commission granted the union an additional period to submit their documentation and participate in the dispute resolution process.

In summary, the Fair Work Commission granted the union's application for an extension of time in relation to matter B2019/1229, recognising the exceptional circumstances presented by the union. This decision underscores the importance of procedural fairness and the need to accommodate the practical challenges faced by parties in complex workplace relations matters.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Chubb Fire & Security Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established