Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Cleanco Queensland Limited Summary

[2023] FWC 2106

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

Cleanco Queensland Limited

(B2023/862)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 AUGUST 2023

Application to extend the 30 day period in relation to B2023/583

This matter concerns the declaration of the result of a protected action ballot (PR763129) held in matter B2023/583 and declared on 26 July 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.

Cleanco Queensland Limited (Cleanco) has not advised the Commission of any objection 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 Cleanco be extended by a further 30 days.

This order will operate on and from 23 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period in which industrial action could be authorised by a protected action ballot. The union, which is referred to as CEPU, sought an extension in relation to a dispute with Cleanco Queensland Limited. The union had already conducted a ballot and declared its result on 26 July 2023. Cleanco did not object to the application.

The primary legal issue for the Commission to decide was whether the application met the criteria set out in section 459(3) of the Fair Work Act 2009. This section permits an extension of the 30-day period if the union applying for the extension has not already had the period extended previously. The Commission needed to determine whether the union’s application satisfied both the procedural and substantive requirements of the Act.

In making its decision, the Commission considered that the union’s application met all the necessary requirements. It was noted that Cleanco had not raised any objections to the application. Given that the period had not been extended before, the Commission concluded that the application should be granted. The Deputy President Hampton was satisfied that the union had complied with the relevant provisions of the Act and that extending the period would be in line with the statutory framework.

Accordingly, the Fair Work Commission ordered that the 30-day period for the commencement of protected industrial action for eligible CEPU members employed by Cleanco be extended by a further 30 days. This extension took effect from 23 August 2023.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established