Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland

[2024] FWC 816

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

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

Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland

(B2024/258)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 APRIL 2024

Application to extend the 30 day period in relation to B2024/106

This matter concerns the declaration of the result of a protected action ballot (PR771221) held in matter B2024/106 and declared on 26 February 2024.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU or Applicant) 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.

Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland (Powerlink) has advised the Commission it does not object 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 Powerlink be extended by a further 30 days.

This order will operate on and from 2 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to the Fair Work Commission (FWC) to extend the 30-day period for industrial action authorised by a protected action ballot. The application was made against the Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland (Powerlink). The FWC was required to determine whether the extension of the 30-day period under section 459(3) of the Fair Work Act 2009 (Act) was permissible. This section allows the FWC to extend the period by up to 30 days if the applicant for the protected action ballot order applies for the extension and the period has not previously been extended. In this instance, CEPU met the requirements as stipulated by the Act and Powerlink did not object to the application.

The key legal issue before the FWC was whether the statutory requirements for extending the 30-day period had been satisfied. The FWC needed to ascertain whether the application was made by an applicant for the protected action ballot order and whether the period had not previously been extended. The FWC also considered whether any other factors were relevant to the decision to grant or refuse the application. Given that CEPU had met the criteria under section 459(3) of the Act and Powerlink did not oppose the application, the FWC found that the requirements were met. Consequently, the FWC was satisfied that the extension should be granted.

The FWC determined that the application should be granted, as all statutory requirements were satisfied. The FWC concluded that the 30-day period for the commencement of protected industrial action for eligible CEPU members employed by Powerlink should be extended by a further 30 days. The decision was based on the fact that CEPU had applied for the extension and the period had not been previously extended. Additionally, there was no opposition from Powerlink. Therefore, the FWC ordered that the extension be implemented from 2 April 2024. This decision allows CEPU members to continue their authorised industrial action within the extended timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established