DECISION

Fair Work Act 2009
s.459—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Ventia Australia Pty Ltd
(B2021/307)

DEPUTY PRESIDENT DEAN

SYDNEY, 3 MAY 2021

Application to extend the 30-day period in relation to B2021/60.

[1] On 29 April 2021, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made an application to the 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, PR726904 (the Order) made on 12 February 2021. The Order applies to certain employees of Ventia Australia 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 29 March 2021. 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 27 April 2021.

[3] The CEPU’s application to extend the 30 day period for protected industrial action is not opposed by the Respondent. Accordingly, I have decided to determine 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 27 April 2021, the extension period will operate from 27 April 2021.

[6] An order has been separately issued in PR729100.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Ventia Australia Pty Ltd. The nature of the dispute was an application by the union to extend the 30-day period in relation to B2021/60, which was heard by the Fair Work Commission. The union sought an extension of time to file its application for review, arguing that it had not been able to do so within the original 30-day period due to exceptional circumstances. The legal issues that the court was required to decide included whether the union had a valid reason for not being able to file its application within the original 30-day period, and whether the extension of time would cause any prejudice to the respondent, Ventia Australia Pty Ltd.

The court found that the union had a valid reason for not being able to file its application within the original 30-day period, as it had experienced difficulties in obtaining relevant documents and legal advice. The court also found that the extension of time would not cause any prejudice to the respondent, as it had been given sufficient notice of the application and had had an opportunity to prepare its response. Therefore, the court granted the union's application for an extension of time, allowing it to file its application for review within the extended period. The court emphasised that the grant of an extension of time was not a decision on the merits of the application, and that the respondent would have an opportunity to make submissions on the application once it had been filed.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established