| [2023] FWC 3121 |
| 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
Metro Trains Melbourne Pty. Ltd. T/A Metro Trains Melbourne
(B2023/1292)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 27 NOVEMBER 2023 |
Application to extend the 30 day period in relation to B2023/1004
This matter concerns the declaration of the result of a protected action ballot (PR766405) held in matter B2023/1004 and declared on 1 November 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.
Metro Trains Melbourne Pty. Ltd. T/A Metro Trains Melbourne (Metro Trains) has advised the Commission it has no objection to this application.
I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.
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 Metro Trains be extended by a further 30 days.
This order will operate on and from 27 November 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR768717>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Metro Trains Melbourne Pty. Ltd. T/A Metro Trains Melbourne [2023] FWC 3121
- Case
- [2023] FWC 3121
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the application met the statutory requirements for an extension of the 30-day period under section 459(3) of the Act. The Act specifies that an extension can be granted if the applicant for the protected action ballot order applies for the extension and if the period has not already been extended. The CEPU argued that all conditions had been met, while Metro Trains Melbourne did not oppose the application.
The Deputy President of the Fair Work Commission, Hampton, determined that the application satisfied the statutory prerequisites for an extension. The Commission was satisfied that the CEPU had applied for the extension and that the 30-day period had not been previously extended. Given these findings, the application was granted. The 30-day period for the commencement of protected industrial action was extended by a further 30 days, commencing from 27 November 2023.
This decision allows the CEPU to continue the protected action as authorised by the ballot, within the extended timeframe. The extension provides additional time for negotiations or other resolutions regarding the industrial dispute between the CEPU and Metro Trains Melbourne.
Orders
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