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

[2023] FWC 2666

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

CSL Limited

(B2023/1084)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 13 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/913

This matter concerns the declaration of the result of a protected action ballot (PR765806) held in matter B2023/913 and declared on 18 September 2023.

The Communication, 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.

CSL Limited (CSL) 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 CSL be extended by a further 30 days.

This order will operate on and from 13 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) to extend the 30-day period for protected industrial action authorised by a ballot held in relation to CSL Limited. The application was made under section 459(3) of the Fair Work Act 2009, which permits the Commission to extend the initial 30-day period by an additional 30 days, provided certain conditions are met. Specifically, the conditions include that the applicant for the protected action ballot order must apply to the Commission for an extension, and the period must not have been previously extended. CSL Limited did not object to the application.

The central legal issue for the Commission to decide was whether the CEPU's application met the statutory criteria for an extension of the authorised industrial action period. The Deputy President Hampton reviewed the requirements of section 459(3) of the Fair Work Act 2009 and confirmed that the application fulfilled the necessary conditions for an extension. Given that CSL Limited did not object to the application, the Deputy President concluded that the extension should be granted.

The Deputy President determined that the application satisfied the requirements under the Act. Consequently, the 30-day period for the commencement of protected industrial action for CEPU members employed by CSL Limited was extended by an additional 30 days. This extension took effect from 13 October 2023. The decision was based on the statutory provisions and the absence of any objection from CSL Limited, ensuring that the requirements for an extension were properly met.

This ruling allows the CEPU to proceed with industrial action within the extended timeframe, providing a clear and legally compliant extension of the authorised period. The Commission's decision ensures that all statutory conditions were considered and met, thereby upholding the legal framework governing industrial action in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established