Construction, Forestry and Maritime Employees Union v Eptec Pty Ltd T/A Eptec

[2024] FWC 1018

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

Construction, Forestry and Maritime Employees Union
v

Eptec Pty Ltd T/A Eptec

(B2024/429)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 17 APRIL 2024

Application to extend the 30 day period in relation to B2024/223

This matter concerns the declaration of the result of a protected action ballot (PR772436) held in matter B2024/223 and declared on 2 April 2024.

The Construction, Forestry and Maritime Employees Union 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 contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Eptec Pty Ltd T/A Eptec (Employer) 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 employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 17 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for an extension to the 30-day period in which industrial action could be authorised by a protected action ballot. The application was in relation to a previously declared ballot result concerning Eptec Pty Ltd T/A Eptec. The Deputy President, Hampton, was tasked with deciding whether the application met the requirements of section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period under certain conditions. Specifically, the application had to be made by an applicant for the protected action ballot order, and the period must not have been previously extended.

The legal issues before the Deputy President involved determining whether the application complied with the statutory prerequisites for an extension and whether the extension should be granted. The Deputy President examined the application to confirm that it was indeed made by the relevant applicant and that the 30-day period had not been previously extended. The employer, Eptec Pty Ltd T/A Eptec, did not oppose the application. The Deputy President found that all statutory requirements were satisfied and granted the application.

In accordance with section 459(3) of the Fair Work Act 2009, the Deputy President ordered that the 30-day period for the commencement of protected industrial action by eligible employees who were subject to the ballot and are employed by Eptec Pty Ltd T/A Eptec be extended by a further 30 days. This extension was to commence from 17 April 2024. The decision recognised the application's compliance with the statutory conditions and the lack of opposition from the employer, thereby facilitating the continuation of the industrial action authorisation period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established