Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v v/Line Maintenance Pty Limited

[2023] FWC 3441

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

V/Line Maintenance Pty Limited

(B2023/1395)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 DECEMBER 2023

Application to extend the 30 day period in relation to B2023/1190

This matter concerns the declaration of the result of a protected action ballot (PR767783) held in matter B2023/1190 and declared on 13 December 2023.

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.

V/Line Maintenance Pty Limited (V/Line) 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 V/Line be extended by a further 30 days.

This order will operate on and from 21 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) to extend the 30-day period for industrial action authorised by a protected action ballot. The application was made against V/Line Maintenance Pty Limited. The ballot, which was declared on 13 December 2023, authorised industrial action for CEPU members employed by V/Line. The Commission was required to decide whether the 30-day period could be extended in accordance with section 459(3) of the Fair Work Act 2009. V/Line did not object to the application.

Section 459(3) of the Act allows the Fair Work Commission to extend the 30-day period for protected industrial action if certain conditions are met. The CEPU argued that the application met the requirements, including that the period had not been previously extended. V/Line did not oppose the application, and the Deputy President Hampton was satisfied that the statutory criteria had been met. The Deputy President found that the application should be granted and ordered the extension of the 30-day period by an additional 30 days.

In accordance with section 459(3) of the Act, the Deputy President granted the application and ordered that the 30-day period for the commencement of protected industrial action by CEPU members employed by V/Line be extended by a further 30 days, effective from 21 December 2023. This decision ensures that eligible members can continue to take protected industrial action for an additional period as authorised by the ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established