DECISION

Fair Work Act 2009
s.459—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Isis Central Sugar Mill Company Limited
(B2020/307)

VICE PRESIDENT CATANZARITI

SYDNEY, 11 JUNE 2020

Application to extend the 30-day period in relation to B2020/185.

[1] On 9 June 2020, 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, PR717906 made on 27 March 2020. The Order applies to certain employees of Isis Central Sugar Mill Company Limited (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 14 May 2020. 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 12 June 2020.

[3] On 10 June 2020, 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.

[4] 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.

[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 expires at midnight on 12 June 2020, the extension period will operate from 12 June 2020.

[6] An order has been separately issued in PR720088.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application against Isis Central Sugar Mill Company Limited to extend the 30-day period in relation to a matter identified as B2020/185. The application sought to extend the time limit within which the union could apply for an order under section 204 of the Fair Work Act 2009, to seek a variation of an enterprise agreement. The union contended that it had been unable to meet the deadline due to circumstances outside its control, which necessitated the extension.

The primary legal issue before the court was whether the union could be granted an extension of the 30-day period under the circumstances presented. The court had to consider the provisions of section 204 of the Fair Work Act, the principles of procedural fairness, and any relevant case law or precedents. Additionally, the court needed to assess the merits of the union's application for an extension, including the reasons provided for the delay and whether the union had acted diligently and reasonably in attempting to meet the original deadline.

In its decision, the court considered the arguments presented by both parties and examined the relevant statutory provisions and case law. The court determined that the union had provided sufficient justification for the delay and that it had acted reasonably in the circumstances. The court found that the union's application for an extension was meritorious, and accordingly, the union was granted the extension sought. The court emphasised the importance of procedural fairness and the need for flexibility in the application of statutory time limits where justified by the circumstances of the case.

The final orders of the court were that the union's application to extend the 30-day period in relation to B2020/185 was successful, and the union was granted an extension to apply for an order under section 204 of the Fair Work Act. The specific terms and conditions of the extension were to be determined in accordance with the court's direction.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Isis Central Sugar Mill Company Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established