| [2023] FWC 1402 |
| 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
Isis Central Sugar Mill Company Limited T/A Isis Central Sugar Mill
(B2023/561)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 15 JUNE 2023 |
Application to extend the 30 day period in relation to B2023/406.
This matter concerns the declaration of the result of a protected action ballot (PR761762) held in matter B2023/406 and declared on 23 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.
Isis Central Sugar Mill Company Limited has advised it does not have 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 given the express statutory terms.
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 Isis Central Sugar Mill Company Limited be extended by a further 30 days.
This order will operate on and from 15 June 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR763074>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Isis Central Sugar Mill Company Limited T/A Isis Central Sugar Mill [2023] FWC 1402
- Case
- [2023] FWC 1402
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the 30-day period during which industrial action could be authorised by the ballot could be extended under section 459(3) of the Act, given that the CEPU had applied for an extension and the period had not previously been extended. The court had to determine if the requirements of the Act for an extension were met, and if so, whether the application should be granted.
The court found that the requirements of section 459(3) of the Act had been met, as the CEPU had applied for the extension and the period had not been previously extended. The court also noted that the respondent had no objections to the application. Therefore, the court decided that the application should be granted and the 30-day period for the commencement of protected industrial action for eligible CEPU members employed by Isis Central Sugar Mill Company Limited was extended by a further 30 days.
Pursuant to section 459(3) of the Fair Work Act 2009, the court ordered that the 30-day period for the commencement of protected industrial action for eligible CEPU members employed by Isis Central Sugar Mill Company Limited be extended by a further 30 days, with the order taking effect from 15 June 2023.
Orders
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