| [2024] FWC 3346 |
| 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 & Paul Buchanan
v
Coca-Cola Europacific Partners Australia Pty Ltd
(B2024/1562)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 2 DECEMBER 2024 |
Application to extend the 30 day period in relation to B2024/1416.
This matter concerns the declaration of the result of a protected action ballot PR780857 held in matter B2024/1416 and declared on 15 November 2024.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Paul Buchanan have 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.
Coca-Cola Europacific Partners 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 2 December 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR781923>
- AGLC
- v Coca-Cola Europacific Partners Australia Pty Ltd [2024] FWC 3346
- Case
- [2024] FWC 3346
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred on whether the application met the criteria set out in section 459(3) of the Fair Work Act 2009. Specifically, the Commission needed to determine if the application was made by an applicant for the protected action ballot order and whether the period had not previously been extended. The applicant argued that both conditions were satisfied, and the Commission was required to consider these arguments in light of the evidence and submissions provided.
In making its decision, the Commission found that the requirements of section 459(3) of the Act were indeed met. The application was made by the relevant parties, and there was no prior extension of the period. Given that Coca-Cola Europacific Partners Australia Pty Ltd did not object to the application, the Deputy President was satisfied that the application should be granted. Therefore, the 30-day period for the commencement of protected industrial action for eligible employees was extended by a further 30 days from the date of the decision.
The final order made by the Deputy President is that the 30-day period for the commencement of protected industrial action for eligible employees employed by Coca-Cola Europacific Partners Australia Pty Ltd be extended by a further 30 days, effective from 2 December 2024. This order aligns with the application and the requirements of the Fair Work Act 2009.
Orders
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Background
Background to the litigation
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Evidence
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