Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Crown Melbourne Limited T/A Crown Casino Summary

[2023] FWC 3288

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

Crown Melbourne Limited T/A Crown Casino

(B2023/1349)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 DECEMBER 2023

Application to extend the 30 day period in relation to B2023/1141.

This matter concerns the declaration of the result of a protected action ballot (PR767527) held in matter B2023/1141 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 (Respondent) 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 the Respondent be extended by a further 30 days.

This order will operate on and from 8 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Crown Melbourne Limited T/A Crown Casino. CEPU applied to the Fair Work Commission (FWC) to extend the 30-day period within which industrial action could be taken by members who had voted in favor in a protected action ballot. The application was made pursuant to section 459(3) of the Fair Work Act 2009, which allows for the extension of this period under certain conditions. Crown Melbourne Limited did not object to the application.

The legal issue before the FWC was whether the conditions set out in section 459(3) of the Fair Work Act had been satisfied, thereby justifying an extension of the 30-day period. Specifically, the court had to consider whether the application was made by an applicant for the protected action ballot order, and whether the period had not previously been extended. CEPU argued that both conditions were met and that the period should be extended by a further 30 days. Crown Melbourne Limited did not oppose the application.

The FWC found that the requirements of section 459(3) of the Act had been met. CEPU had made the application as an applicant for the protected action ballot order, and the period had not been extended previously. The FWC was satisfied that the application should be granted. Consequently, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 8 December 2023.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Crown Melbourne Limited T/A Crown Casino

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established