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

[2023] FWC 1538

The attached document replaces the document previously issued with the above code on 27 June 2023.

The medium neutral citation ([2023] FWC 1538) and print number (PR763620) has been inserted.

Associate to Deputy President Hampton.

Dated 27 June 2023.

[2023] FWC 1538

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

Valmet Pty Ltd

(B2023/644)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 27 JUNE 2023

Application to extend the 30 day period in relation to B2023/442

This matter concerns the declaration of the result of a protected action ballot (PR761955) held in matter B2023/442 and declared on 16 May 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.

Valmet Pty Ltd (Valmet) has advised it does not have 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 given the express statutory terms.

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 Valmet be extended by a further 30 days.

This order will operate on and from 27 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to decide on an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) to extend the 30-day period during which industrial action is authorised by a protected action ballot. The application relates to a dispute between CEPU and Valmet Pty Ltd, as well as the results of a ballot held on 16 May 2023. The CEPU applied for the extension under section 459(3) of the Fair Work Act 2009, and Valmet did not object to the application. The Commission had to determine whether the statutory requirements for the extension were met, which includes whether the 30-day period had not been extended previously and whether the application was made by an applicant for the protected action ballot order.

The legal issue before the Commission was whether the statutory conditions for extending the 30-day period under section 459(3) of the Fair Work Act 2009 were fulfilled. The CEPU's application for an extension was timely, and it was uncontested by Valmet. The Commission considered the express statutory terms and was satisfied that the conditions for the extension were met. The application was made by the CEPU, who was also the applicant for the protected action ballot order, and the period had not been previously extended. The Commission found that the application met the statutory requirements, and the extension should be granted.

The Deputy President of the Commission granted the CEPU's application to extend the 30-day period for the commencement of protected industrial action for eligible CEPU members employed by Valmet. The extension was granted pursuant to section 459(3) of the Fair Work Act 2009 and will operate from 27 June 2023, thereby extending the period by a further 30 days. The decision was based on the satisfaction of the statutory conditions and the absence of any objection from Valmet. This order provides additional time for the CEPU to engage in industrial action if necessary, as authorised by the protected action ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established