Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v The Trustee for Regal Cream Products Trust T/A Bulla Dairy Foods

[2023] FWC 2409

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

The Trustee for Regal Cream Products Trust T/A Bulla Dairy Foods

(B2023/983)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 SEPTEMBER 2023

Application to extend the 30 day period in relation to B2023/705

This matter concerns the declaration of the result of a protected action ballot (PR764206) held in matter B2023/705 and declared on 23 August 2023.

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

The Trustee for Regal Cream Products Trust T/A Bulla Dairy Foods (Bulla Dairy Foods) has advised the Commission it does not object 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 Bulla Dairy Foods be extended by a further 30 days.

This order will operate on and from 19 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has applied to the Fair Work Commission to extend the 30-day period during which industrial action can be taken, as authorised by a protected action ballot held in relation to The Trustee for Regal Cream Products Trust T/A Bulla Dairy Foods. Bulla Dairy Foods has not opposed the application. The dispute was heard by the Deputy President Hampton in Adelaide.

The key legal issue before the Commission was whether the statutory requirements for extending the 30-day period were satisfied, as provided under section 459(3) of the Fair Work Act 2009. The requirements include that the applicant must be an applicant for the protected action ballot order, and that the 30-day period has not previously been extended. The CEPU argued that both conditions were met and that the period should be extended by a further 30 days.

The Deputy President found that the statutory requirements were indeed met. The CEPU was an applicant for the protected action ballot order, and the 30-day period had not been extended before. Therefore, the application was granted, and the 30-day period was extended by a further 30 days. This extension allows eligible CEPU members employed by Bulla Dairy Foods to take protected industrial action for an additional period.

Pursuant to section 459(3) of the Act, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible CEPU members employed by Bulla Dairy Foods be extended by a further 30 days, effective from 19 September 2023.

CaseChat Overview and Summary

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