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

[2022] FWC 2608

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

Queensland Alumina Limited

(B2022/1450)

VICE PRESIDENT CATANZARITI

SYDNEY, 28 SEPTEMBER 2022

Application to extend the 30 day period in relation to B2022/1245

On 26 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, PR745002 made on 19 August 2022. The Order applies to certain employees of Queensland Alumina 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 7 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 expires at midnight on 6 October 2022.

On 27 September 2022, the Respondent advised the Commission via email that it neither opposes nor consents to 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 expires at midnight on 6 October 2022, the extension period will operate from 6 October 2022.

An order has been separately issued in PR746279.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned 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 authorized by a protected action ballot order, PR745002. The order, which was made on 19 August 2022, applies to certain employees of Queensland Alumina Limited. The union sought to extend the period within which protected industrial action could be taken, which was set to expire on 6 October 2022.

The legal issue the Commission had to determine was whether the application met the requirements of section 459(3) of the Fair Work Act 2009, which allows for the extension of the 30-day period for protected action. This section requires that the protected action ballot order has not been previously extended, and that all other relevant requirements of the Act have been met. The union had to demonstrate that these conditions were satisfied, and that an extension was appropriate.

The Commission found that the union had met all the requirements for an extension under section 459(3) of the Act. The union had not previously extended the period, and the Commission was satisfied with the material before it. Therefore, the Commission determined that a 30-day extension was appropriate. The extension period was set to commence from 6 October 2022, the day after the original 30-day period expired. Consequently, the union was granted the extension it sought.

An order was issued in PR746279, granting the union's application for an extension of the 30-day period for protected action. This decision ensures that the union can continue to pursue its industrial action in accordance with the Fair Work Act, while also providing the employer with an opportunity to address the underlying issues in the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established