Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Manildra Energy Australia Pty Limited

[2022] FWC 2639

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

Manildra Energy Australia Pty Limited

(B2022/1444)

VICE PRESIDENT CATANZARITI

SYDNEY, 30 SEPTEMBER 2022

Application to extend the 30 day period in relation to B2022/681

On 23 September 2022, 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, PR743913 made on 19 July 2022. The Order applies to certain employees of Manildra Energy Australia Pty Limited (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 24 August 2022. 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 22 September 2022.

On 29 September 2022, 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.

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.

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 22 September 2022, the extension period will operate from 22 September 2022.

An order has been separately issued in PR746378.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) applied to the Fair Work Commission for an extension of the 30-day period for protected action authorised by a protected action ballot order. This application followed the declaration of the ballot results on 24 August 2022, which showed that a majority of the relevant employees endorsed the proposed forms of protected industrial action. The period for the protected action, as specified in s.459(1)(d)(i) of the Fair Work Act 2009, was set to expire on 22 September 2022. The respondent, Manildra Energy Australia Pty Limited, did not oppose the application and did not raise any objections to the extension. The Union sought the extension to allow for further negotiations and to provide a reasonable opportunity for the parties to reach an agreement.

The primary legal issue in this case was whether the Fair Work Commission had the authority to extend the 30-day period for protected industrial action as requested by the Union. The Union argued that the extension was necessary to facilitate further negotiations and to provide a reasonable opportunity for the parties to reach an agreement. The respondent did not oppose the application and did not raise any objections to the extension. The Commission had to consider whether the requirements of s.459 of the Act had been met and whether a 30-day extension was appropriate.

The Fair Work Commission found that the Union had met all the relevant requirements of s.459 of the Act and that a 30-day extension was appropriate. The Commission noted that the period for the protected action had not been previously extended and that the respondent did not oppose the application. The Commission was satisfied that the extension was necessary to facilitate further negotiations and to provide a reasonable opportunity for the parties to reach an agreement. The Commission therefore granted the Union's application for an extension and ordered that the 30-day period for protected industrial action be extended from 22 September 2022.

The Fair Work Commission ordered that the 30-day period for protected industrial action be extended from 22 September 2022. The Union was granted the extension to facilitate further negotiations and to provide a reasonable opportunity for the parties to reach an agreement. The Commission noted that the respondent did not oppose the application and did not raise any objections to the extension. The extension period will operate from 22 September 2022, and the Union may now take protected industrial action during this extended period. An order has been separately issued in PR746378.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established