Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Power and Water Corporation Summary

[2022] FWC 2723

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

Power and Water Corporation

(B2022/1515)

VICE PRESIDENT CATANZARITI

BRISBANE, 11 OCTOBER 2022

Application to extend the 30-day period in B2022/1237

On 5 October 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, PR744955 made on 19 August 2022. The Order applies to certain employees of Power and Water Corporation (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 5 September 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 4 October 2022.

On 6 October 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 4 October 2022, the extension period will operate from 4 October 2022.

An order has been separately issued in PR746711.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period for protected action authorised by a ballot order issued in relation to employees of Power and Water Corporation. The application was made under section 459 of the Fair Work Act 2009. The ballot results, which authorised the protected action, were declared on 5 September 2022, setting the 30-day period for action to expire on 4 October 2022. The Union sought to extend this period, and the Respondent did not oppose the application.

The key legal issue before the Commission was whether the Union had met the requirements of section 459(3) of the Act to extend the specified period for protected action. The Union needed to demonstrate that it had complied with the relevant provisions of the Act and that the extension was appropriate under the circumstances. The Commission considered the application and the documentation provided by the Union, and assessed whether the statutory criteria for an extension had been satisfied.

The Commission determined that the Union had met all the requirements for extending the 30-day period for protected action. The Commission noted that the Union was the applicant for the original ballot order, and the specified period had not been extended previously. Based on the information presented, the Commission was satisfied that the extension was appropriate. Consequently, the 30-day period for protected action was extended from 4 October 2022, thereby allowing the Union to continue with the authorised industrial action.

In summary, the Commission granted the Union's application to extend the 30-day period for protected action, thereby allowing the industrial action to continue beyond the initial expiration date.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Power and Water Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established