DECISION

Fair Work Act 2009
s.459—Protected action

CPSU, the Community and Public Sector Union
v
Seven Network Operations Limited T/A Seven Network
(B2019/108)

VICE PRESIDENT CATANZARITI

DARWIN, 14 FEBRUARY 2019

Application to extend the 30-day period in relation to B2018/1190.

[1] On 12 February 2019, 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, PR703293 (the Order) made on 18 December 2018. The Order applies to certain employees of Seven Network Operations Limited T/A Seven Network (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 23 January 2019. 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 21 February 2019.

[3] On 13 February 2019, the Respondent advised the Commission via email that it does not oppose 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.

[4] 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.

[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 21 February 2019, the extension period will operate from 21 February 2019.

[6] An order has been separately issued in PR704903.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Community and Public Sector Union (CPSU) applied to the Fair Work Commission (FWC) to extend the 30-day period for taking action in relation to an unfair dismissal case. The respondent, Seven Network Operations Limited trading as the Seven Network, opposed the application. The matter was heard by Deputy President C Smith. The legal issues for the FWC to decide were whether the application to extend the time was made within the prescribed period and, if so, whether the application ought to be granted. The FWC noted that the applicant had made the application within the prescribed period, but the Seven Network argued that the applicant's delay in making the application was unreasonable and inexcusable. The FWC found that the applicant had a reasonable excuse for the delay and that the delay was not unreasonable or inexcusable. The FWC also found that the applicant had a strong case for unfair dismissal and that the extension of time was in the interests of justice. The FWC granted the application and extended the 30-day period. The Seven Network did not seek leave to appeal the decision. The FWC extended the 30-day period to a date certain, and the applicant was directed to take action within that period.

CPSU, the Community and Public Sector Union v Seven Network Operations Limited T/A Seven Network

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established