v Infrabuild Wire Pty Limited Summary

[2024] FWC 3268

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

Infrabuild Wire Pty Limited

(B2024/1501)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 25 NOVEMBER 2024

Application to extend the 30 day period in relation to B2024/1203.

This matter concerns the declaration of the result of a protected action ballot PR779217 held in matter B2024/1203 and declared on 28 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.

Infrabuild Wire Pty Limited has advised the Commission it has no 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 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking an extension of the 30-day period during which industrial action authorised by a protected action ballot could be undertaken. The application pertained to a ballot that had been declared on 28 October 2024, and the union sought an extension of this period under section 459(3) of the Fair Work Act 2009. Infrabuild Wire Pty Limited, the employer in question, did not oppose the application.

The key legal issue before the FWC was whether the union's application met the statutory criteria for an extension of the 30-day period as outlined in section 459(3) of the Fair Work Act 2009. Specifically, the court needed to determine if the union had properly applied for the extension and if the period had not been extended previously. The union argued that both conditions were satisfied and that the extension should be granted. Infrabuild Wire Pty Limited did not contest the union's application.

In considering the matter, the Deputy President of the FWC determined that the union had fulfilled the statutory requirements for an extension. Given that Infrabuild Wire Pty Limited had no objections to the application, the Deputy President concluded that the union's application should be approved. Consequently, the FWC granted the extension, extending the 30-day period by an additional 30 days from 25 November 2024. The order was made in accordance with section 459(3) of the Act, effective from the date of the decision.

v Infrabuild Wire Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established