Endeavour Energy Network Management Pty Ltd T/A Endeavour Energy v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
[2024] FWC 2133
•12 AUGUST 2024
| [2024] FWC 2133 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.424 - Application to suspend or terminate protected industrial action - endangering life etc.
Endeavour Energy Network Management Pty Ltd T/A Endeavour Energy
v
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(B2024/1007)
Electrical Power Industry
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 12 AUGUST 2024 |
Application by Endeavour Energy Network Management Pty Ltd T/A Endeavour Energy for an order to terminate protected industrial action
On 7 August 2024, Endeavour Energy Network Management Pty Ltd T/A Endeavour Energy (Endeavour) applied for an order pursuant to section 424 of the Fair Work Act 2009 (Cth) (the Act). Endeavour asks for orders that protected industrial action that is being engaged in, and is threatened, impending or probable be terminated. The application is made on the ground that the industrial action has threatened and is threatening to endanger the life, the personal safety and health, and welfare of the population or of part of it. The employees who have engaged in the industrial action are members of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The CEPU opposes the application.
The Commission is required to determine an application made under s. 424, as far as practicable, within 5 days after it is made. Endeavour filed written material in support of the application on 9 August 2024. The CEPU filed written material opposing the order this morning. A hearing was conducted today.
Each party sought to be represented by lawyers. No objection was taken. Permission to be represented was granted due to the complexity of the matter and to ensure the matter was dealt with efficiently.
It is practicable to determine the matter today.
Having heard the evidence and submissions of the parties, I am not satisfied that the requirements under s424(1) for the making of an order are met.
It is not practicable to provide written reasons for my decision today. I will publish those reasons in due course.
The application is dismissed.
DEPUTY PRESIDENT
Appearances:
V. Bulut of counsel for the Applicant
J. Agius SC and L. Doust of counsel for the Respondent
Hearing details:
12 August 2024
In person
The Fair Work Commission
Sydney
Printed by authority of the Commonwealth Government Printer
<PR778233>
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