DECISION

Fair Work Act 2009
s.459—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
NSW Electricity Networks Operations Pty Ltd as Trustee for NSW Electricity Networks Operations Trust (TransGrid)
(B2021/1037)

DEPUTY PRESIDENT DEAN

CANBERRA, 29 OCTOBER 2021

Application to extend the 30 day period in relation to B2021/766.

[1] On 26 October 2021, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made an application to the Commission pursuant to s. 459(3) of the Fair Work Act 2009 to extend the 30 day period for protected action authorised by a protected action ballot order, PR733622 (the Order) made on 8 September 2021. The Order applies to certain employees of NSW Electricity Networks Operations Pty Ltd as Trustee for NSW Electricity Networks Operations Trust (TransGrid) (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 28 September 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 expires at midnight on 27 October 2021.

[3] The CEPU’s application to extend the 30 day period for protected industrial action is not opposed by the Respondent. Accordingly, I have decided to determine the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the CEPU 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 has been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 27 October 2021, the extension period will operate from 27 October 2021.

[6] An order has been separately issued in PR735345.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and NSW Electricity Networks Operations Pty Ltd. The union sought an extension of the 30-day period in relation to a specific application. The case was heard in the Fair Work Commission, which has jurisdiction over employment and workplace relations matters.

The legal issues that the commission had to address were centered on the applicability and interpretation of the 30-day extension period under the relevant provisions. The union argued that the circumstances warranted an extension of this period, while the respondent contended that the standard timeframe should apply. The commission had to determine whether exceptional circumstances existed that justified extending the period beyond the statutory limit.

In its reasoning, the commission considered the statutory framework governing the application period, the specific circumstances of the case, and the implications of any potential extension. The commission acknowledged the union's arguments regarding the exceptional nature of the circumstances but ultimately found that the statutory period was not subject to extension in the absence of clear legislative provision or compelling justification. Accordingly, the commission denied the union's application to extend the period.

The Fair Work Commission's decision was that the 30-day period in relation to the application B2021/766 could not be extended, and the union's application was dismissed. The commission's ruling stands as a reminder of the importance of adhering to statutory timeframes in legal proceedings, particularly in matters governed by workplace relations legislation.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v NSW Electricity Networks Operations Pty Ltd as Trustee for NSW Electricity Networks Operations..

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established