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

[2013] FWC 8436

[2013] FWC 8436

The attached document replaces the document previously issued with the above code on 25 October 2013

The paragraph numbering has been fixed.

Helen Coulson

Acting associate to Commissioner Lewin

28 October 2013

[2013] FWC 8436

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
Jemena Asset Management Pty Ltd
(B2013/1348)

COMMISSIONER LEWIN MELBOURNE, 25 OCTOBER 2013

Application to extend the 30-day period in relation to B2013/1187.

[1] This matter concerns the declaration of the result of a protected action ballot (PR541439) held in matter B2013/1187 and declared on 30 September 2013.

[2] 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 to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

[3] 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.”

[4] 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.

[5] Jemena Asset Management Pty Ltd has advised the Commission that the application is not opposed.

[6] 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.

[7] Accordingly, pursuant to section 459(3) of the Fair Work Act 2009, I order that the 30 day period for the commencement of protected industrial action for eligible CEPU members employed by Jemena Asset Management Pty Ltd be extended by a further 30 days.

[8] This order will operate on and from 25 October 2013.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR543821 >