| [2023] FWC 3267 |
| 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
Crown Melbourne Limited T/A Crown Casino Ltd.
(B2023/1338)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 6 DECEMBER 2023 |
Application to extend the 30 day period in relation to B2023/1146
This matter concerns the declaration of the result of a protected action ballot (PR767543) held in matter B2023/1146 and declared on 8 November 2023.
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.
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.
Crown Melbourne Limited T/A Crown Casino Ltd. has now advised the Commission it has 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 Crown Melbourne Limited T/A Crown Casino Ltd. be extended by a further 30 days.
This order will operate on and from 6 December 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR769093>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Crown Melbourne Limited T/A Crown Casino Ltd [2023] FWC 3267
- Case
- [2023] FWC 3267
- Decision Date
CaseChat Overview and Summary
The primary legal issue the FWC had to address was whether the application met the statutory criteria for extending the 30-day period for protected industrial action. Specifically, the FWC needed to determine if the applicant (CEPU) had applied to the Commission for the extension and if the period had not been previously extended. Under section 459(3) of the Fair Work Act, the FWC may extend the 30-day period by up to 30 days if these conditions are met. Given that Crown Melbourne Limited did not raise any objections and the CEPU's application met all statutory requirements, the FWC found the application to be valid.
The Deputy President Hampton concluded that the application satisfied the statutory criteria and granted the extension. The decision was based on the absence of objections from Crown Melbourne Limited and the fulfilment of the necessary conditions for an extension. Consequently, the FWC ordered that the 30-day period for the commencement of protected industrial action for eligible CEPU members employed by Crown Melbourne Limited T/A Crown Casino Ltd be extended by a further 30 days, effective from 6 December 2023.
Orders
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Background
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