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

[2022] FWC 1783

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

Stanwell Corporation Limited

(B2022/659)

VICE PRESIDENT CATANZARITI

SYDNEY, 8 JULY 2022

Application to extend the 30 day period in relation to B2022/350

On 7 July 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, PR741224 made on 4 May 2022. The Order applies to certain employees of Stanwell Corporation 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 16 June 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 15 July 2022.

On 8 July 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 expires at midnight on 15 July 2022, the extension period will operate from 15 July 2022.

An order has been separately issued in PR743600.

VICE 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 Stanwell Corporation Limited concerns an application by the Union to extend the 30-day period for protected action authorized by a protected action ballot order made by the Fair Work Commission on 4 May 2022. The Union applied for an extension of this period under section 459(3) of the Fair Work Act 2009, and the application was heard by Vice President Catanzariti in the Fair Work Commission. The Union sought the extension as the 30-day period was set to expire on 15 July 2022, and the respondents did not oppose the application.

The central legal issue in this case was whether the Fair Work Commission should grant the Union's application to extend the 30-day period for protected action as authorized by the protected action ballot order. The decision hinged on the interpretation and application of section 459 of the Fair Work Act 2009, which outlines the conditions and requirements for extending such a period. The Commission had to determine if the Union had met all the relevant requirements and whether it was appropriate to grant a 30-day extension.

In making the decision, Vice President Catanzariti noted that the Union's application was filed under section 459(3) of the Fair Work Act, and the specified 30-day period had not been previously extended. The Union had provided all necessary documentation, and the respondents did not oppose the application. Given these factors, the Vice President was satisfied that the Union had met the relevant requirements of the Act and that it was appropriate to grant a 30-day extension. The extension would take effect from 15 July 2022, thereby extending the period for protected action authorized by the ballot order. An order was subsequently issued in PR743600 to reflect this decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established