v Alstef Australia Pty Ltd

[2024] FWC 2469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Alstef Australia Pty Ltd

(B2024/1183)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 11 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/955.

This matter concerns the declaration of the result of a protected action ballot PR777633 held in matter B2024/955 and declared on 13 August 2024.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Alstef Australia Pty Ltd has not advised the Commission of any objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 11 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia against Alstef Australia Pty Ltd. The union sought an extension of the 30-day period during which industrial action could be taken by employees who had participated in a protected action ballot, as authorised by section 459(3) of the Fair Work Act 2009. The application was made in relation to ballot PR777633, which had been declared on 13 August 2024. Alstef Australia Pty Ltd did not object to the application.

The legal issue before the Commission was whether the union's application satisfied the conditions set out in section 459(3) of the Act for an extension of the 30-day period. The union argued that all conditions were met, and thus the period should be extended by a further 30 days. The Deputy President considered the application and concluded that the union had met the requirements of the Act. The Deputy President was satisfied that the union had applied for an extension before the 30-day period expired and that the period had not previously been extended. Consequently, the application was granted.

In light of the above, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees employed by Alstef Australia Pty Ltd be extended by a further 30 days, effective from 11 September 2024. The decision was made in accordance with section 459(3) of the Fair Work Act 2009.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established