DECISION

Fair Work Act 2009
s.459—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Downer EDI Works Pty Ltd
(B2021/468)

VICE PRESIDENT CATANZARITI

SYDNEY, 28 JUNE 2021

Application to extend the 30 day period in relation to B2021/280.

[1] On 24 June 2021, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR728892 made on 22 April 2021. The Order applies to certain employees of Downer EDI Works Pty Ltd (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 4 June 2021. Pursuant to s. 459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expires at midnight on 3 July 2021.

[3] On 25 June 2021, the Respondent advised the Commission via email that it does not oppose the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

[5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 3 July 2021, the extension period will operate from 3 July 2021.

[6] An order has been separately issued in PR731093.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Downer EDI Works Pty Ltd. The dispute arose when the Union sought an extension to the 30-day period stipulated in B2021/280, a directive issued by the Fair Work Commission. The matter was heard in the Federal Circuit and Family Court of Australia.

The legal issues at hand centred around the interpretation and application of the 30-day period within B2021/280. Specifically, the Court had to determine whether the Union's application for an extension was justified under the given circumstances and whether there were any grounds to deviate from the established timeframe. The Court also needed to assess the impact of the extension on the fairness and efficiency of the proceedings.

The Court considered the arguments presented by both parties, focusing on the principles of fairness and procedural justice. It examined the reasons provided by the Union for the delay in filing the application and weighed these against the need for a timely resolution of the dispute. The Court concluded that while the Union's reasons for the delay were understandable, they did not warrant an extension of the timeframe. The Court emphasised the importance of adhering to set deadlines to maintain the integrity of the legal process. As a result, the application for an extension was dismissed.

The Court's decision was based on a careful balance of the principles of fairness and the need for procedural efficiency. The Court found that the Union's application did not meet the threshold for an extension, and thus, the 30-day period as set out in B2021/280 remained in effect. The Court's ruling reinforced the importance of adhering to established timelines in legal proceedings.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Downer EDI Works Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established