The Association of Professional Engineers, Scientists and Managers, Australia v Sydney Water Corporation

[2020] FWC 5097

[2020] FWC 5097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Australian Municipal, Administrative, Clerical and Services Union;
The Association of Professional Engineers, Scientists and Managers, Australia
v
Sydney Water Corporation
(B2020/551)

VICE PRESIDENT CATANZARITI SYDNEY, 22 SEPTEMBER 2020

Application to extend the 30-day period in relation to B2020/351.

[1] On 17 September 2020, the Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia (Applicants) 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, PR720727 made on 3 July 2020. The Order applies to certain employees of Sydney Water Corporation (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 20 August 2020. 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 18 September 2020.

[3] On 18 September 2020, the Respondent neither consented nor objected to the 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 Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia who are the Applicants 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 18 September 2020, the extension period will operate from 18 September 2020.

[6] An order has been separately issued in PR722999.

VICE PRESIDENT

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