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

[2024] FWC 544

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 T/A Saputo Dairy

(B2024/146)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 28 FEBRUARY 2024

Application to extend the 30 day period in relation to B2023/1356

This matter concerns the declaration of the result of a protected action ballot (PR769253) held in matter B2023/1356 and declared on 24 January 2024.

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

Saputo Dairy Australia Pty Ltd T/A Saputo Dairy (Saputo) has advised the Commission it has no objections to the 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 Saputo be extended by a further 30 days.

This order will operate on and from 28 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was called upon to decide whether to extend the 30-day period within which industrial action is authorised by a protected action ballot held between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Saputo Dairy Australia Pty Ltd T/A Saputo Dairy. This decision was made in response to an application by CEPU to extend the period specified in section 459(3) of the Fair Work Act 2009. The application was made under the condition that the period had not been previously extended, which the CEPU asserted had been fulfilled. Saputo Dairy expressed no objections to the application.

The legal issue before the Commission was whether the conditions set out in section 459(3) of the Fair Work Act were met, specifically whether the 30-day period could be extended by an additional 30 days. The CEPU argued that the statutory requirements were met, and the period should be extended. The Commission needed to verify if the application was made by an applicant for the protected action ballot order and if the period had not been extended previously.

The Deputy President of the FWC, Hampton, found that the statutory conditions were satisfied. The CEPU had applied for the extension, and there was no evidence that the period had been extended before. Consequently, the application was approved, and the 30-day period for commencing protected industrial action was extended by an additional 30 days. This decision was made on 28 February 2024, and the extension took effect from that date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established