v ASC Pty Ltd

[2024] FWC 1371

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

ASC Pty Ltd

(B2024/581)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 24 MAY 2024

Application to extend the 30 day period in relation to B2024/186.

This matter concerns the declaration of the result of a protected action ballot PR772092 held in matter B2024/186 and declared on 22 April 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.

ASC Pty Ltd has advised the Commission it has no 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 24 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied to the Fair Work Commission for an extension to the 30-day period in which industrial action can be authorised by a protected action ballot. The application was in relation to a ballot held in matter B2024/186. ASC Pty Ltd did not object to the application. The Deputy President of the Commission was required to determine whether the application met the statutory requirements for an extension and, if so, whether the extension should be granted.

The statutory requirements for an extension of the 30-day period are set out in section 459(3) of the Fair Work Act 2009. The application must be made by an applicant for the protected action ballot order and the period must not have been previously extended. The Deputy President found that the application met these requirements. The applicant for the ballot was the union and the period had not been previously extended.

Accordingly, the Deputy President was satisfied that the application met the statutory requirements for an extension and granted the application. The 30-day period was extended by a further 30 days. The order will operate from 24 May 2024.

The orders of the Commission are 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.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established