Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v UGL Operations and Maintenance (Services) Pty Ltd

[2023] FWC 1320

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

UGL Operations and Maintenance (Services) Pty Ltd

(B2023/514)

VICE PRESIDENT CATANZARITI

SYDNEY, 5 JUNE 2023

Application to extend the 30 day period in relation to B2023/349

On 31 May 2023, 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, PR761205 made on 19 April 2023. The Order applies to certain employees of UGL Operations and Maintenance (Services) Pty Ltd (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 4 May 2023. 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 ‎2‎ ‎June‎ ‎2023.

On 31 May 2023, 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 expired at midnight on ‎2‎ ‎June‎ ‎2023, the extension period will operate from ‎2‎ June‎ ‎2023.

An order has been separately issued in PR762796.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period for protected action authorised by a protected action ballot order. This application was made in accordance with section 459(3) of the Fair Work Act 2009. The order in question, PR761205, was made on 19 April 2023 and applies to certain employees of UGL Operations and Maintenance (Services) Pty Ltd. The result of the ballot, which endorsed the proposed forms of protected industrial action, was declared on 4 May 2023. As per section 459(1)(d)(i) of the Act, the 30-day period for protected action commenced on the date of the ballot result declaration and would expire at midnight on 2 June 2023. The Respondent did not oppose the application for an extension.

The legal issues before the court were whether the requirements of section 459 of the Act were met and if the extension was appropriate. The court examined the documentation provided and noted that the 30-day period for protected action had not been previously extended. The union argued that the extension was necessary to achieve its objectives, and the court found that all relevant requirements of the Act were met. The application was made by the union, who is the Applicant for which the protected action ballot order was issued. The court concluded that a 30-day extension was appropriate.

The Fair Work Commission granted the application for an extension of the 30-day period for protected action. The extension will operate from 2 June 2023, and an order has been separately issued in PR762796. The Respondent did not oppose the application, and the court was satisfied that the requirements of section 459 of the Act were met. This decision allows the union to continue with the protected industrial action for an additional 30 days.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established