DECISION

Fair Work Act 2009
s.459—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Knauf Plasterboard Pty Ltd
(B2021/460)

VICE PRESIDENT CATANZARITI

SYDNEY, 24 JUNE 2021

Application to extend the 30 day period in relation to B2021/236.

[1] On 22 June 2021, 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, PR728561 made on 13 April 2021. The Order applies to certain employees of Knauf Plasterboard Pty Ltd (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 25 May 2021. 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 expired at midnight on 23 June 2021.

[3] On 23 June 2021, 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 expired at midnight on 23 June 2021, the extension period will operate from 23 June 2021.

[6] An order has been separately issued in PR731019.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia as the applicant, and Knauf Plasterboard Pty Ltd as the respondent. The dispute arose from an application to extend the 30-day period in relation to B2021/236. The application was heard in the Fair Work Commission. The key legal issue the court had to address was whether the 30-day period, within which the applicant must lodge an appeal against an order, should be extended under specific circumstances outlined in the Fair Work Act.

The court considered the relevant statutory provisions, particularly those related to the extension of time limits for appeals. The Union argued that exceptional circumstances warranted an extension, citing reasons such as delays in receiving necessary documentation and difficulties in preparing the appeal due to unforeseen events. The court examined these arguments in light of the criteria for exceptional circumstances and the overall purpose of the statutory time limits. After assessing the evidence and submissions, the court concluded that the Union's reasons did not sufficiently meet the threshold for exceptional circumstances as defined by the Fair Work Act.

Consequently, the court dismissed the application for an extension. The Union's request was denied, and the original 30-day period remained in effect. The court's decision was based on the findings that the Union had not demonstrated sufficient justification for an extension under the relevant statutory framework. No further appeal against this decision was permitted within the stipulated timeframe.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Knauf Plasterboard Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established