Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Epic Energy South Australia Pty Ltd Summary

[2023] FWC 1437

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

Epic Energy South Australia Pty Ltd

(B2023/589)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 JUNE 2023

Application to extend the 30 day period in relation to B2023/282

This matter concerns the declaration of the result of a protected action ballot (PR760669) held in matter B2023/282 and declared on 24 May 2023.

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

Epic Energy South Australia Pty Ltd has advised the Commission it has no objection 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 Epic Energy South Australia Pty Ltd be extended by a further 30 days.

This order will operate on and from 19 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) to extend the 30-day period during which industrial action is authorised by a protected action ballot. The application was made in relation to a ballot held and declared on 24 May 2023, concerning employees of Epic Energy South Australia Pty Ltd. The Commission was required to decide whether the conditions set out in section 459(3) of the Fair Work Act 2009 had been met to permit the extension of this period.

Section 459(3) of the Act allows for an extension of the 30-day period if certain criteria are satisfied. The CEPU had applied for the extension and the period had not been extended previously. Epic Energy indicated no objection to the application. The Deputy President of the Fair Work Commission concluded that the requirements of the Act had been met and that the application should be granted. The Deputy President was satisfied that the application was made by an applicant for the protected action ballot order and that the period had not been previously extended.

In light of the above, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible CEPU members employed by Epic Energy South Australia Pty Ltd be extended by a further 30 days. This decision was made on 19 June 2023, and the order took effect from that date. The Commission's decision was based on the statutory requirements being fulfilled and the absence of any objection from the employer, Epic Energy.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Epic Energy South Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established