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

[2023] FWC 2108

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

(B2023/864)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 AUGUST 2023

Application to extend the 30 day period in relation to B2023/584

This matter concerns the declaration of the result of a protected action ballot (PR763115) held in matter B2023/584 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) sought to extend the 30-day period during which industrial action was authorised by a protected action ballot held under matter B2023/584. The application was brought before the Fair Work Commission (FWC) and Cleanco Queensland Limited did not object to the application. The matter was heard by Deputy President Hampton in Adelaide on 23 August 2023. The relevant legislation in question is section 459(3) of the Fair Work Act 2009, which allows for the extension of the 30-day period if certain conditions are met.

The primary legal issue for the court to decide was whether the requirements of section 459(3) of the Fair Work Act 2009 had been satisfied. Specifically, the court needed to determine if the applicant, CEPU, had applied for the extension and if the period had not previously been extended. The court also needed to consider whether there were any other factors that should be taken into account in deciding whether to grant the extension. The court examined the application and found that the requirements of section 459(3) had been met.

The court found that the requirements of section 459(3) of the Fair Work Act 2009 had been met and that the application should be granted. The court noted that Cleanco Queensland Limited had not objected to the application, which was a relevant factor in its decision. The court also found that the 30-day period had not previously been extended, which was another requirement for the extension to be granted. The court concluded that the extension should be granted and 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 order will operate on and from 23 August 2023. The court's decision provides clarity for both CEPU and Cleanco Queensland Limited regarding the authorised period for industrial action. The extension of the 30-day period will provide additional time for negotiations and discussions between the parties, which may lead to a resolution of the dispute without the need for industrial action.

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