Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Hospira Australia Pty Ltd T/A Pfizer Melbourne

[2023] FWC 1899

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

Hospira Australia Pty Ltd T/A Pfizer Melbourne

(B2023/778)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 AUGUST 2023

Application to extend the 30 day period in relation to B2023/451

This matter concerns the declaration of the result of a protected action ballot (PR761931) held in matter B2023/451 and declared on 28 June 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.

The Respondent has not advised the Commission of any 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 Hospira Australia Pty Ltd T/A Pfizer Melbourne be extended by a further 30 days.

This order will operate on and from 2 August 2023.

DEPUTY 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 (CEPU) to extend the 30-day period in which industrial action is authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009 and related to a ballot held in matter B2023/451, which was declared on 28 June 2023. The application sought to extend the authorisation period by a further 30 days for eligible CEPU members employed by Hospira Australia Pty Ltd T/A Pfizer Melbourne.

The legal issue before the Commission was whether the requirements of section 459(3) of the Act had been met to allow for the extension of the 30-day period. Section 459(3) permits the extension if the applicant for the protected action ballot order applies to the Commission for the period to be extended and if the period has not previously been extended. The CEPU argued that both conditions were satisfied, and the Commission needed to determine if this was the case. The Respondent, Hospira Australia Pty Ltd T/A Pfizer Melbourne, did not object to the application.

The Deputy President found that the requirements of the Act were met. The application had been made by the CEPU, the applicant for the protected action ballot order, and the period had not previously been extended. Given these findings, the Deputy President was satisfied that the application should be granted. The order extended the 30-day period for the commencement of protected industrial action by a further 30 days, effective from 2 August 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established