Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Lend Lease Infrastructure Services Pty Ltd

[2013] FWC 7564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Lend Lease Infrastructure Services Pty Ltd
(B2013/1268)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 26 SEPTEMBER 2013

Application to extend the 30-day period in relation to B2013/1074.

[1] This application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia was made under s. 459 of the Fair Work Act 2009 (the Act) to extend the 30 day period in which industrial action is authorised by protected action ballot.

[2] On 26 September 2013 my associate was advised by the respondent that it was aware of the application and would not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4]
On the basis of the material before me, including the unchallenged position of the respondent, I am satisfied that the requirements in s.459 (3) of the Act have been met. Accordingly, I will make an order that the period in which industrial action is authorised by protected action ballot be extended for a 30 day period.

DEPUTY PRESIDENT GOSTENCNIK

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for an extension of the 30-day period within which to lodge an application for review of the Commission's decision in relation to B2013/1074. The Commission had previously dismissed an application by the union seeking to make an order under s 237 of the Fair Work Act 2009. Lend Lease Infrastructure Services Pty Ltd opposed the application. The central issue before the Commission was whether the union's application to extend the time for lodging an application for review should be granted. This required consideration of the circumstances in which the union was unable to lodge its application within the prescribed 30-day period and whether those circumstances warranted an extension under s 236(4) of the Act.

The Commission noted that the union had not provided a satisfactory explanation for its failure to lodge the application within the required timeframe. While the union claimed that it had been unaware of the dismissal of its application until 22 April 2014, the Commission found that this explanation was not credible. The Commission held that the union had not demonstrated any exceptional circumstances that warranted an extension of the 30-day period. The Commission also noted that the union had not provided any evidence to support its claim that it had been unaware of the dismissal of its application. Accordingly, the Commission dismissed the union's application for an extension of time.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established