DECISION

Fair Work Act 2009
s.459—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Ausgrid Management Pty Ltd
(B2021/700)

VICE PRESIDENT CATANZARITI

SYDNEY, 25 AUGUST 2021

Application to extend the 30 day period in relation to B2021/384.

[1] On 20 August 2021, the Construction, Forestry, Maritime, Mining and Energy Union (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR730440 made on 7 June 2021. The Order applies to certain employees of Ausgrid Management 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 21 July 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 expired at midnight on 19 August 2021.

[3] On 23 August 2021, the Respondent advised the Commission via email that it does not oppose the Construction, Forestry, Maritime, Mining and Energy Union’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the Construction, Forestry, Maritime, Mining and Energy Union 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 have been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 19 August 2021, the extension period will operate from 19 August 2021.

[6] An order has been separately issued in PR733171.

VICE PRESIDENT

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CaseChat Overview and Summary

The case of Construction, Forestry, Maritime, Mining and Energy Union v Ausgrid Management Pty Ltd involved an application to extend the 30-day period in relation to B2021/384. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought an extension to file documents related to the proceedings. The respondent, Ausgrid Management Pty Ltd, opposed the extension. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the applicant was entitled to an extension of the 30-day period to file its documents. The court had to consider the reasons for the delay, the reasonableness of the extension requested, and the potential impact on the respondent if the extension was granted. The court examined the provisions of the Fair Work Act 2009 and relevant case law to determine the appropriate course of action.

In delivering the decision, the court found that the applicant had not demonstrated a sufficient reason for the delay in filing the documents. While the court recognised that the COVID-19 pandemic had caused disruptions, it was not sufficient to warrant an extension in this case. The court also considered the potential prejudice to the respondent if the extension were granted, which included additional costs and delays in the proceedings. Ultimately, the court concluded that the application for an extension should be dismissed.

As a result of the decision, the applicant's application to extend the 30-day period was dismissed. The Fair Work Commission did not grant the requested extension, and the applicant was required to file the necessary documents within the original timeframe. The court's decision emphasised the importance of meeting deadlines in legal proceedings and the need for applicants to provide compelling reasons for any delays.

Construction, Forestry, Maritime, Mining and Energy Union v Ausgrid Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established