v Centennial Mandalong Pty Limited Summary

[2024] FWC 2476

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

Centennial Mandalong Pty Limited

(B2024/1192)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 11 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/1101.

This matter concerns the declaration of the result of a protected action ballot PR778727 held in matter B2024/1101 and declared on 10 September 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.

Centennial Mandalong Pty Limited 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

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia versus Centennial Mandalong Pty Limited, the Fair Work Commission was asked to extend the 30-day period during which industrial action was authorised by a protected action ballot. The union sought to extend this period beyond its initial term as stipulated under section 459(3) of the Fair Work Act 2009. The matter was brought before the Deputy President Hampton on 11 September 2024, in Sydney.

The central legal issue was whether the Fair Work Commission had the authority to extend the 30-day period under section 459(3) of the Act, given that the union had applied for such an extension and the period had not been extended previously. The union argued that the requirements for an extension were met and that the extension should be granted. Centennial Mandalong Pty Limited did not oppose the application. The Deputy President considered the statutory requirements and determined that the application met the criteria for an extension.

The Deputy President concluded that the union's application satisfied the conditions of section 459(3) of the Act. Given that the period had not been extended before and the union had made the application, the Deputy President ruled that the 30-day period should be extended by a further 30 days. The decision was made effective from 11 September 2024, providing the union with additional time to organise and commence protected industrial action for the eligible employees.

The final order granted the union's application, extending the 30-day period for the commencement of protected industrial action by a further 30 days. This extension allows the union to continue its efforts within the legal framework provided by the Fair Work Act 2009.

v Centennial Mandalong Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established