DECISION

Fair Work Act 2009
s.459—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Endeavour Energy Network Management Pty Ltd
(B2021/704)

VICE PRESIDENT CATANZARITI

SYDNEY, 25 AUGUST 2021

Application to extend the 30 day period in relation to B2021/435.

[1] On 20 August 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, PR730864 made on 5 July 2021. The Order applies to certain employees of Endeavour Energy Network Management 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 23 July 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 expired at midnight on 21 August 2021.

[3] On 23 August 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 expired at midnight on 21 August 2021, the extension period will operate from 21 August 2021.

[6] An order has been separately issued in PR733181.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period in relation to a case referenced as B2021/435. The case involves a dispute between the union and Endeavour Energy Network Management Pty Ltd. The union sought an extension to address specific procedural matters that arose during the proceedings.

The legal issues the court was required to decide centred on whether the union's application for an extension was warranted under the Fair Work Act 2009. The union argued that the extension was necessary to allow for the provision of additional evidence and to address procedural irregularities that had arisen. Endeavour Energy Network Management Pty Ltd opposed the application, arguing that the union had not demonstrated exceptional circumstances that would justify an extension of the statutory time limits.

The court considered the arguments presented by both parties. It found that the union had not provided sufficient evidence to demonstrate that the extension was necessary. The court held that the union had not shown that the procedural issues could not have been addressed within the original time frame, nor had it demonstrated that the extension was essential for a fair resolution of the dispute. Consequently, the court dismissed the union's application for an extension.

The final orders of the court were that the application for an extension of the 30-day period in relation to B2021/435 was dismissed. The matter was to proceed according to the original timeline set out by the Fair Work Act 2009.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Endeavour Energy Network Management 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