Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Hyne & Son Pty Ltd T/A Hyne Timber

[2019] FWC 5264

[2019] FWC 5264

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
Hyne & Son Pty Ltd T/A Hyne Timber
(B2019/591)

DEPUTY PRESIDENT DEAN SYDNEY, 29 JULY 2019

Application to extend the 30-day period in relation to B2019/447.

[1] On 26 July 2019, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made an application to the Fair Work Commission pursuant to s. 459(3) of the Fair Work Act 2009 to extend the 30 day period for protected action authorised by a protected action ballot order, PR709126 (the Order) made on 6 June 2019. The Order applies to certain employees of Hyne & Son Pty Ltd T/A Hyne Timber (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 4 July 2019. 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 expires at midnight on 2 August 2019.

[3] On 29 July 2019, the Respondent advised the Commission via email that it does not oppose the CEPU’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 CEPU 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 2 August 2019, the extension period will operate from 2 August 2019.

[6] An order has been separately issued in PR710802.

DEPUTY PRESIDENT

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