Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v EDI Rail PPP Maintenance Pty Ltd

[2020] FWC 329

[2020] FWC 329

The attached document replaces the document previously issued with the above code on 21 January 2020.

Paragraph numbering has been corrected.

Associate to Vice President Catanzariti

Dated 22 January 2020

[2020] FWC 329

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
EDI Rail PPP Maintenance Pty Ltd
(B2020/42)

VICE PRESIDENT CATANZARITI SYDNEY, 21 JANUARY 2020

Application to extend the 30-day period in relation to B2019/1326.

[1] On 20 January 2020, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made an application to the Fair Work Commission pursuant to s. 459(3) of the Fair Work Act 2009 to extend the 30 day period for protected action authorised by a protected action ballot order, PR714447 (the Order) made on 20 November 2019. The Order applies to certain employees of EDI Rail PPP Maintenance 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 17 December 2019. 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 15 January 2020.

[3] On 21 January 2020, the Respondent advised the Commission via email that it does not oppose the CEPU’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 CEPU 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 has been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 15 January 2020, the extension period will operate from 15 January 2020.

[6] An order has been separately issued in PR716086.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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