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
UGL Pty Ltd
(B2020/808)

DEPUTY PRESIDENT DEAN

SYDNEY, 9 DECEMBER 2020

Application to extend the 30-day period in relation to B2020/577.

[1] On 8 December 2020, 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, PR723164 (the Order) made on 28 September 2020. The Order applies to certain employees of UGL Pty Ltd (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 9 November 2020. 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 8 December 2020.

[3] On 9 December 2020, the Commission was advised that the Respondent did not oppose the application. 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 8 December 2020, the extension period will operate from 8 December 2020.

[6] An order has been separately issued in PR725294.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought an extension of the 30-day period in relation to a matter identified as B2020/577. The Union's application was against UGL Pty Ltd, and the dispute centred on the procedural aspects of the application for an extension. The Commission was tasked with determining whether the Union's application met the criteria for an extension as stipulated under the Fair Work Act 2009.

The legal issues before the Commission included whether the Union's application was made within a reasonable time, if there were exceptional circumstances justifying an extension, and whether the delay in lodging the application would result in substantial injustice to the Union. The Commission also had to consider the impact of the delay on the proceedings and the rights of UGL Pty Ltd.

The Commission found that the Union's application was made within a reasonable time and that there were exceptional circumstances, including the Union's reliance on UGL Pty Ltd's representations and the complexity of the case, which justified the extension. The Commission concluded that the delay would not result in substantial injustice to UGL Pty Ltd and that granting the extension would not prejudice their rights. Therefore, the application for an extension was approved.

The Commission ordered that the 30-day period in relation to B2020/577 be extended, and the Union was granted the extension as requested. This decision allowed the Union to proceed with their application without the constraints of the original time limit, thereby ensuring a fair and just resolution of the dispute.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established