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

[2022] FWC 1932

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

FreshFood Management Services Pty Ltd

(B2022/1121)

VICE PRESIDENT CATANZARITI

SYDNEY, 22 JULY 2022

Application to extend the 30 day period in relation to B2022/387

On 20 July 2022, 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, PR741292 made on 5 May 2022. The Order applies to certain employees of FreshFood Management Services Pty Ltd (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 16 June 2022. 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 15 July 2022.

On 21 July 2022, 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.

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.

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 15 July 2022, the extension period will operate from 15 July 2022.

An order has been separately issued in PR744064.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) to extend the 30 day period for protected action authorised by a protected action ballot order made on 5 May 2022. The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 16 June 2022. The 30 day period for protected action commenced on the date of the declaration of the results of the ballot and expired at midnight on 15 July 2022. The Respondent did not oppose the application. The Commission considered the application under section 459 of the Fair Work Act 2009 (Cth) and determined that each of the relevant requirements of the Act had been met and that a 30 day extension was appropriate.

The legal issue before the Commission was whether the 30 day period for protected action should be extended. The Commission considered the relevant provisions of the Act and the circumstances of the case. The Commission noted that the Respondent did not oppose the application and that the 30 day period for protected action had not been previously extended. The Commission concluded that the relevant requirements of the Act had been met and that a 30 day extension was appropriate. The Commission also noted that the extension period would operate from 15 July 2022.

In light of the above, the Commission determined that the 30 day period for protected action should be extended by 30 days. An order has been separately issued in PR744064. The Commission's decision was based on the material before it and the relevant provisions of the Act. The Commission did not make any findings of fact or law beyond what was necessary to determine the application.

The final orders of the Commission were that the 30 day period for protected action authorised by the protected action ballot order made on 5 May 2022 be extended by 30 days. The extension period would operate from 15 July 2022. The Commission also noted that an order had been separately issued in PR744064.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established