CPSU, the Community and Public Sector Union v Australian Broadcasting Corporation T/A ABC

[2023] FWC 852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

CPSU, the Community and Public Sector Union
v

Australian Broadcasting Corporation T/A ABC

(B2023/325)

VICE PRESIDENT CATANZARITI

SYDNEY, 6 APRIL 2023

Application to extend the 30 day period in relation to B2023/77

On 5 April 2023, the CPSU, the Community and Public Sector 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, PR750274 made on 7 February 2023. The Order applies to certain employees of Australian Broadcasting Corporation T/A ABC (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 15 March 2023. 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 ‎April‎ ‎2023.

On 5 April 2023, the Respondent advised the Commission via email that it neither consents nor objects to the CPSU, the Community and Public Sector 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.

In addressing s.459(3) of the Act, this application is made by the CPSU, the Community and Public Sector 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.

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 ‎April‎ ‎2023, the extension period will operate from 13‎ ‎April‎ ‎2023.

An order has been separately issued in PR760970.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Community and Public Sector Union (CPSU) sought an extension of the 30-day period for protected industrial action authorised by a protected action ballot order issued by the Fair Work Commission against the Australian Broadcasting Corporation (ABC). The ballot, declared on 15 March 2023, authorised a majority of relevant employees to engage in protected industrial action. The application for an extension was made under section 459(3) of the Fair Work Act 2009, and the existing 30-day period was set to expire on 13 April 2023. The ABC neither consented nor objected to the application.

The legal issue before the Commission was whether the conditions of section 459 of the Act were met to justify an extension of the 30-day period for the protected industrial action. The Commission considered the application on the basis of the documentation provided, as the ABC had not objected to the application. The Commission determined that all relevant requirements of section 459 were satisfied, and it was appropriate to grant a 30-day extension. The extension was to commence from 13 April 2023, the date the original 30-day period would expire.

The Fair Work Commission granted the CPSU's application for an extension of the 30-day period for protected industrial action. The Commission found that all conditions under section 459 of the Act had been met, and an extension was justified. An order was subsequently issued to reflect the extended period for the protected action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established