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

[2023] FWC 1218

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

(B2023/484)

VICE PRESIDENT CATANZARITI

MELBOURNE, 24 MAY 2023

Application to extend the 30 day period in relation to B2023/313

On 19 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, PR760957 made on 6 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 24 April 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 expired at midnight on 23‎ ‎May‎ ‎2023.

On 23 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 23‎ ‎May‎ ‎2023, the extension period will operate from 23‎ ‎May‎ ‎2023.

An order has been separately issued in PR762464.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) to extend the 30-day period for protected action as authorised by a protected action ballot order issued on 6 April 2023. The ballot order, PR760957, pertains to certain employees of UGL Operations and Maintenance (Services) Pty Ltd (UGL). The Union's application followed the declaration of the ballot result on 24 April 2023, which indicated that a majority of the relevant employees had endorsed the proposed forms of industrial action. According to s. 459(1)(d)(i) of the Fair Work Act 2009 (Cth), the 30-day period for protected action expired at midnight on 23 May 2023. UGL did not oppose the Union's application, thus the matter was determined on the basis of the documentation filed.

The legal issue before the FWC was whether the Union's application to extend the 30-day period for protected action complied with the requirements set forth in s. 459 of the Fair Work Act 2009. Specifically, the FWC needed to ascertain whether the Union had met the criteria for an extension and whether the 30-day period had not been previously extended. The Union argued that the conditions of s. 459(3) of the Act were satisfied and that a 30-day extension was appropriate. Given that the 30-day period had expired at midnight on 23 May 2023, the FWC concluded that the extension period would commence from that date.

The FWC found that the Union had met all the necessary requirements under s. 459 of the Act for the extension of the 30-day period. The FWC noted that the Union had made the application within the stipulated timeframe, and the 30-day period had not been previously extended. Consequently, the FWC granted the Union's application for an extension, effective from 23 May 2023. An order was issued in PR762464 to reflect the FWC's decision.

In summary, the FWC granted the Union's application to extend the 30-day period for protected action. The extension was effective from 23 May 2023, and an order was issued in PR762464 to reflect the decision. This decision ensures that the Union can continue its industrial action within the extended timeframe, provided it adheres to the terms and conditions set forth in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established