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

[2023] FWC 2783

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

Sydney Water Corporation

(B2023/1132)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 24 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/987

This matter concerns the declaration of the result of a protected action ballot (PR766301) held in matter B2023/987 and declared on 29 September 2023.

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.

Sydney Water Corporation (Respondent) has not advised the Commission of any 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 CEPU members employed by Sydney Water Corporation be extended by a further 30 days.

This order will operate on and from 24 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) dealt with an application made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) seeking to extend the 30-day period during which industrial action was authorised by a protected action ballot. The application was in relation to a dispute between CEPU and the Sydney Water Corporation. The matter was brought before Deputy President Hampton in Adelaide on 24 October 2023. The Sydney Water Corporation did not object to the application.

The legal issue the FWC had to decide was whether the application met the criteria for an extension under section 459(3) of the Fair Work Act 2009. Section 459(3) allows the FWC to extend the 30-day period if the applicant for the protected action ballot order applies for an extension, and if the period has not previously been extended. The CEPU argued that all requirements were satisfied, and that the period should be extended by another 30 days.

Deputy President Hampton found that the application met the requirements of the Act and granted the extension. The decision noted that the Sydney Water Corporation had not raised any objections. Consequently, the 30-day period for the commencement of protected industrial action for eligible CEPU members employed by Sydney Water Corporation was extended by a further 30 days, starting from 24 October 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established