DECISION

Fair Work Act 2009
s.459—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Ausgrid Management Pty Ltd
(B2021/908)

VICE PRESIDENT CATANZARITI

SYDNEY, 24 SEPTEMBER 2021

Application to extend the 30 day period in relation to B2021/709

[1] On 23 September 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, PR733226 made on 26 August 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 14 September 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 13 October 2021.

[3] On 23 September 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 expires at midnight on 13 October 2021, the extension period will operate from 13 October 2021.

[6] An order has been separately issued in PR734293.

VICE PRESIDENT

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union to extend the 30-day period for the service of a document. This application was in relation to the case B2021/709, which involved a dispute between the Union and Ausgrid Management Pty Ltd over industrial action taken by the Union. The Commission was tasked with determining whether the Union's application to extend the time period should be granted.

The primary legal issue before the Commission was whether the Union's application to extend the 30-day period was justified under the circumstances. The Union argued that the delay in serving the document was due to unforeseen circumstances and that an extension was necessary to ensure a fair resolution of the dispute. The Commission considered the principles of procedural fairness and the potential impact of the delay on the proceedings.

In reaching its decision, the Commission considered the relevant provisions of the Fair Work Act and the case law on the extension of time periods. The Commission also took into account the Union's explanation for the delay and the potential impact of the delay on the proceedings. Ultimately, the Commission determined that the Union's application should be granted and extended the 30-day period for the service of the document. The Commission found that the Union had acted reasonably and that an extension was necessary to ensure a fair resolution of the dispute.

The final order of the Commission was that the 30-day period for the service of the document in relation to case B2021/709 was extended. The Union was granted an additional period of time to serve the document, and the proceedings were allowed to continue. The Commission's decision provides guidance on the factors that may be considered when determining whether to grant an extension of time in industrial relations matters.

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