v CSL Limited T/A Seqirus

[2024] FWC 2448

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

CSL Limited T/A Seqirus

(B2024/1170)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 9 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/918.

This matter concerns the declaration of the result of a protected action ballot PR777198 held in matter B2024/918 and declared on 9 August 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.

CSL Limited trading as Seqirus 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 9 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has been asked to consider an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the period during which industrial action can be taken following a ballot. The application concerns the authorisation of industrial action against CSL Limited, trading as Seqirus, in relation to matter B2024/918. The union has requested an extension of the 30-day period provided for in section 459(3) of the Fair Work Act 2009. CSL Limited has not raised any objections to the application.

The legal issue before the Commission was whether the union's application met the criteria set out in section 459(3) of the Fair Work Act. Specifically, the union needed to demonstrate that it had applied to the Commission for an extension, and that the period had not previously been extended. The Commission considered whether the union's application satisfied these requirements. CSL Limited did not object to the application, which further supported the union's case.

Upon reviewing the application and considering the lack of objection from CSL Limited, the Deputy President found that the union had met the statutory requirements. Consequently, the application was granted. The 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 9 September 2024. The Commission's decision was based on the union's compliance with the legislative criteria and the absence of any opposing arguments from CSL Limited.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established