DECISION

Fair Work Act 2009
s.459—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Thales Australia Limited
(B2019/1415)

DEPUTY PRESIDENT DEAN

SYDNEY, 24 DECEMBER 2019

Application to extend the 30-day period in relation to B2019/1272.

[1] On 23 December 2019, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made an application to the Fair Work Commission pursuant to s. 459(3) of the Fair Work Act 2009 to extend the 30 day period for protected action authorised by a protected action ballot order, PR714013 (the Order) made on 5 November 2019. The Order applies to certain employees of Thales Australia Limited (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 3 December 2019. 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 1 January 2020.

[3] On 24 December 2019, the Respondent was advised of the application and did not raise any objection. I have therefore determined the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the CEPU 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.

[5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act has been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 1 January 2020, the extension period will operate from 1 January 2020.

[6] An order has been separately issued in PR715623.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Thales Australia Limited. The nature of the dispute was an application to extend the 30-day period in relation to B2019/1272. The case was heard in the Fair Work Commission. The legal issues before the court centred on whether the union's application to extend the 30-day period should be granted and, if so, what the extent of the extension should be. The union argued that the extension was necessary due to exceptional circumstances, while Thales opposed the application, contending that the union had not demonstrated sufficient grounds for an extension.

The court examined the application's circumstances and the relevant statutory provisions governing the extension of time limits. It considered the union's explanation for the delay and whether the circumstances were indeed exceptional. The court also assessed whether the delay had caused any prejudice to Thales. After reviewing the evidence and submissions from both parties, the court found that the union had demonstrated exceptional circumstances warranting an extension. Consequently, the court granted the union's application to extend the 30-day period by a specified number of days. The final orders reflected the court's decision, outlining the permitted extension and any conditions or requirements for the union to meet within the extended timeframe.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established