v Batchfire Callide Management Pty Ltd

[2024] FWC 2965

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

Batchfire Callide Management Pty Ltd

(B2024/1396)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1223.

This matter concerns the declaration of the result of a protected action ballot PR779324 held in matter B2024/1223 and declared on 1 October 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.

Batchfire Callide Management 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 25 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for an extension of the 30-day period during which industrial action could be taken, as authorised by a protected action ballot. The application was in relation to ballot PR779324, which was held and declared on 1 October 2024, and concerned employees of Batchfire Callide Management Pty Ltd. The union sought an extension under section 459(3) of the Fair Work Act 2009, which allows for an additional 30 days if certain conditions are met. The company did not oppose the application.

The central legal issue before the Deputy President was whether the union's application satisfied the statutory criteria for extending the 30-day period for industrial action. The Deputy President considered whether the union had made an application to the Commission for an extension and whether the period had already been extended. Given that the union's application met both criteria and no objections were raised by Batchfire Callide Management Pty Ltd, the Deputy President concluded that the application should be granted.

The Deputy President determined that the union's application fulfilled the statutory requirements for an extension of the 30-day period. The union had applied to the Commission within the prescribed timeframe and had not previously extended the period. Consequently, the Deputy President exercised the power under section 459(3) of the Act to extend the 30-day period by an additional 30 days. This extension took effect from 25 October 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established