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

[2023] FWC 1418

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

UGL Rail Services Pty Limited

(B2023/572)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 JUNE 2023

Application to extend the 30 day period in relation to B2023/363.

This matter concerns the declaration of the result of a protected action ballot (PR761372) held in matter B2023/363 and declared on 25 May 2023.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

UGL Rail Services Pty Limited has advised the Commission it has no objection 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 UGL Rail Services Pty Limited be extended by a further 30 days.

This order will operate on and from 16 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the period for which industrial action is authorised under a protected action ballot. The application was brought in relation to a dispute with UGL Rail Services Pty Limited. The Commission was required to determine whether the statutory conditions for extending the period were met and whether the application should be granted. UGL Rail Services Pty Limited did not oppose the application.

The legal issues before the Commission were whether the requirements of section 459(3) of the Fair Work Act 2009 were satisfied. These requirements include that the applicant for the protected action ballot order applies to the Commission for an extension and that the period has not previously been extended. The CEPU argued that both these requirements had been met and that the extension should be granted. UGL Rail Services Pty Limited did not contest the application.

The Deputy President was satisfied that the requirements of section 459(3) had been fulfilled, as the CEPU had applied for the extension and the period had not been extended previously. Consequently, the Deputy President found that the application should be granted. The Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible CEPU members employed by UGL Rail Services Pty Limited be extended by a further 30 days. This order was to take effect from 16 June 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established