Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Saputo Dairy Australia Pty. Ltd

[2023] FWC 1657

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

Saputo Dairy Australia Pty. Ltd.

(B2023/679)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 7 JULY 2023

Application to extend the 30 day period in relation to B2023/408

This matter concerns the declaration of the result of a protected action ballot (PR761652) held in matter B2023/408 and declared on 14 June 2023.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) 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 ETU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Saputo Dairy Australia Pty Ltd (Allansford) 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 ETU members employed by Saputo Dairy Australia Pty Ltd (Allansford) be extended by a further 30 days.

This order will operate on and from 7 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Saputo Dairy Australia Pty Ltd involves an application by the union to extend the 30-day period in which industrial action is authorised by a protected action ballot. The union, represented by the ETU, sought an extension of this period under section 459(3) of the Fair Work Act 2009. The application was made in relation to a previous matter, B2023/408, where the result of a protected action ballot was declared on 14 June 2023. Saputo Dairy Australia Pty Ltd did not object to the union's application.

The primary legal issue before the court was whether the union's application met the requirements of section 459(3) of the Fair Work Act 2009. The relevant criteria were that an applicant for the protected action ballot order must apply to the FWC for the period to be extended, and that the period must not have been previously extended. The union argued that both conditions had been satisfied.

The Fair Work Commission considered the union's application and found that it met the statutory criteria for an extension. The Commission noted that Saputo Dairy Australia Pty Ltd did not oppose the application, which further supported the union's case. Consequently, the Commission determined that the 30-day period for the commencement of protected industrial action should be extended by a further 30 days. This extension was to commence from 7 July 2023.

The final order granted the union's application, extending the 30-day period for the commencement of protected industrial action by an additional 30 days. This order was effective from 7 July 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established