Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v WICET Services Pty Ltd T/A WICET Services Pty Ltd Summary

[2023] FWC 2636

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

WICET Services Pty Ltd T/A WICET Services Pty Ltd

(B2023/1074)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/903

This matter concerns the declaration of the result of a protected action ballot (PR765730) held in matter B2023/903 and declared on 15 September 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.

WICET Services Pty Ltd (WICET) 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 WICET be extended by a further 30 days.

This order will operate on and from 11 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< PR767099>

CaseChat Overview and Summary

The Fair Work Commission, under the Fair Work Act 2009, considered an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) to extend the 30-day period in which industrial action is authorised by a protected action ballot. This case involves the extension of the time limit for industrial action authorised by ballot PR765730, which was declared on 15 September 2023 in the context of dispute B2023/903. The respondent, WICET Services Pty Ltd (WICET), did not oppose the application, leaving the CEPU's application unopposed.

The primary legal issue before the Commission was whether the application met the statutory requirements for extending the 30-day period for protected industrial action under section 459(3) of the Fair Work Act 2009. The section allows for an extension of up to 30 days if an applicant for the protected action ballot order applies to the Commission and if the period has not previously been extended. The CEPU's application satisfied these conditions, and the Commission was required to determine if the application should be granted.

In making its decision, the Commission found that the CEPU had fulfilled all the statutory requirements for an extension under section 459(3) of the Fair Work Act. Given that WICET did not object to the application, the Commission was satisfied that the application should be granted. The Deputy President Hampton concluded that the 30-day period should be extended by an additional 30 days. This decision was made under the authority of the Fair Work Act, and the order came into effect from 11 October 2023.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v WICET Services Pty Ltd T/A WICET Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established