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

[2024] FWC 895

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
v

Energy Queensland Limited

(B2024/276)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 APRIL 2024

Application to extend the 30 day period in relation to B2024/107

This matter concerns the declaration of the result of a protected action ballot (PR771164) held in matter B2024/107 and declared on 4 March 2024.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU or Applicant) 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.

Energy Queensland Limited (Energy Qld) has advised the Commission it does not object 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 Energy Qld be extended by a further 30 days.

This order will operate on and from 8 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applying for an extension to the 30-day period during which industrial action could be authorised following a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission to extend the 30-day period by up to 30 days if certain conditions are met. The application was directed against Energy Queensland Limited, which did not object to the extension. The central issue before the Commission was whether the statutory conditions for an extension were satisfied, thereby justifying an extension of the 30-day period.

The Commission examined whether the CEPU had applied for the extension within the prescribed timeframe and whether the 30-day period had already been extended previously. Section 459(3) of the Act explicitly states that the extension can only occur if the period has not been extended earlier. The CEPU argued that all conditions were fulfilled, and the Commission found that Energy Queensland Limited did not oppose the extension. Given the absence of objections and the compliance with the statutory conditions, the Deputy President was satisfied that the application met the necessary requirements for an extension.

Based on the evidence presented and the lack of opposition from Energy Queensland Limited, the Deputy President concluded that the application should be granted. The 30-day period for the commencement of protected industrial action for eligible CEPU members employed by Energy Queensland Limited was extended by a further 30 days, effective from 8 April 2024. This decision was grounded in the statutory framework provided by the Fair Work Act 2009 and the absence of any impediments to the extension as provided by the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established