[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
<PR716085>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v EDI Rail PPP Maintenance Pty Ltd [2020] FWC 329
- Case
- [2020] FWC 329
- Decision Date
CaseChat Overview and Summary
The central issue before the Commission was whether the 30-day period could be extended under the circumstances outlined by the union. This required the Commission to consider the provisions of the Fair Work Act and relevant case law regarding extensions of time in similar situations. The Commission had to determine whether the union's reasons for the delay were sufficient to warrant an extension.
The Commission considered the provisions of the Fair Work Act and the relevant case law. It found that the union had not demonstrated sufficient grounds for an extension of time. The Commission held that the union had not met the threshold for showing that the delay was caused by circumstances outside of its control or that it had acted with due diligence. Consequently, the application was dismissed.
No further orders were made by the Commission. The 30-day period in relation to B2019/1326 remained as originally stipulated, and the union's application to extend this period was denied.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.