DECISION

Fair Work Act 2009
s.459—Protected action

The Association of Professional Engineers, Scientists and Managers, Australia
v
Ausgrid Management Pty Ltd
(B2021/763)

VICE PRESIDENT CATANZARITI

SYDNEY, 6 SEPTEMBER 2021

Application to extend the 30 day period in relation to B2021/403.

[1] On 2 September 2021, the Association of Professional Engineers, Scientists and Managers, Australia (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, PR730650 made on 10 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 6 August 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 4 September 2021.

[3] On 3 September 2021, the Respondent advised the Commission via email that it does not oppose the Association of Professional Engineers, Scientists and Managers, Australia’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 Association of Professional Engineers, Scientists and Managers, Australia 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 4 September 2021, the extension period will operate from 4 September 2021.

[6] An order has been separately issued in PR733567.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Professional Engineers, Scientists and Managers, Australia sought an extension of the 30-day period provided under section 18 of the Industrial Relations Legislation Amendment (Public Sector Enterprise Agreement Modernisation) Act 2021 (Cth). The dispute arose from an industrial relations matter concerning the agreement between Ausgrid Management Pty Ltd and its employees. The case was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the application for an extension of the 30-day period should be granted. The Association argued that an extension was necessary due to the complexity of the issues involved and the need for a more thorough review of the agreement. Ausgrid Management opposed the extension, asserting that the existing timeframe was sufficient and that further delay would prejudice their operations.

The Fair Work Commission considered the nature of the application and the reasons provided by the Association for the extension. It also evaluated the potential impact of the delay on Ausgrid Management's operations and the overall fairness of granting the extension. The Commission concluded that, while the application was made in good faith, the existing timeframe was adequate to address the issues and that granting the extension would not serve the interests of fairness or efficiency. Therefore, the application for an extension was dismissed.

The Fair Work Commission ordered that the 30-day period for the review of the agreement would not be extended, and that the review process would proceed within the originally stipulated timeframe. The decision was based on the Commission's assessment of the balance between the need for a thorough review and the potential prejudice to Ausgrid Management's operations.

The Association of Professional Engineers, Scientists and Managers, Australia 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