v CS Energy Limited T/A CS Energy

[2024] FWC 1784

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

CS Energy Limited T/A CS Energy

(B2024/854)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 JULY 2024

Application to extend the 30 day period in relation to B2024/480.

This matter concerns the declaration of the result of a protected action ballot PR774259 held in matter B2024/480 and declared on 11 June 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.

CS Energy 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 8 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for an extension of the 30-day period within which industrial action could be authorised by a protected action ballot held in relation to CS Energy Limited T/A CS Energy. The union sought this extension pursuant to section 459(3) of the Fair Work Act 2009, claiming that all conditions under the Act for such an extension were met. CS Energy Limited did not object to the application. The Deputy President of the Commission was satisfied that the union's application complied with the Act and ordered the extension of the 30-day period by a further 30 days, effective from 8 July 2024.

The central legal issue before the Commission was whether the union's application met the statutory criteria for an extension of the 30-day period for protected industrial action. Specifically, the Commission needed to determine if the union had applied for the extension and whether the period had not been previously extended, as required by section 459(3) of the Act. Given that CS Energy Limited did not oppose the application, the Deputy President found that the union had indeed fulfilled the prerequisites set out in the Act. As a result, the Commission granted the union's application for an extension.

The Deputy President concluded that the union's application satisfied all the necessary requirements for an extension under section 459(3) of the Fair Work Act 2009. The union had properly applied for the extension, and there was no prior extension of the 30-day period. Consequently, the Deputy President ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, starting from 8 July 2024. This decision ensures that eligible employees who were subject to the ballot and are employed by CS Energy Limited have the additional time to organise and undertake industrial action if deemed necessary.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established