| [2023] FWC 1764 |
| 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 T/A AlphaMet Rail
(B2023/723)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 20 JULY 2023 |
Application to extend the 30 day period in relation to B2023/548
This matter concerns the declaration of the result of a protected action ballot (PR762993) held in matter B2023/548 and declared on 27 June 2023.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 T/A AlphaMet Rail has not advised the Commission it has any 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 T/A AlphaMet Rail be extended by a further 30 days.
This order will operate on and from 20 July 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR764398>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v UGL Rail Services Pty Limited T/A AlphaMet Rail [2023] FWC 1764
- Case
- [2023] FWC 1764
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Deputy President was whether the application met the statutory requirements for an extension of the 30-day period. The Deputy President considered whether the CEPU had applied for the extension within the requisite timeframe and whether the period had previously been extended. The second matter was whether the extension was justified on the facts of the case. UGL Rail Services did not object to the application, thereby simplifying the Deputy President's task.
In making the decision, the Deputy President noted that the statutory requirements for an extension were met. The application was made within the prescribed period and the 30-day period had not previously been extended. The Deputy President was satisfied that the extension was warranted in the circumstances. Consequently, the Deputy President made an order extending the period for a further 30 days from the date of the decision.
The final order was that the 30-day period for the commencement of protected industrial action for eligible CEPU members employed by UGL Rail Services Pty Limited trading as AlphaMet Rail be extended by a further 30 days from 20 July 2023. This decision provides clarity for the parties and ensures that the application process is adhered to.
Orders
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Background
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