v Northern SEQ Distributor Retailer Authority T/A Unitywater Summary

[2024] FWC 1570

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

Northern SEQ Distributor Retailer Authority T/A Unitywater

(B2024/771)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 17 JUNE 2024

Application to extend the 30 day period in relation to B2024/507.

This matter concerns the declaration of the result of a protected action ballot PR774546 held in matter B2024/507 and declared on 21 May 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.

The Northern SEQ Distributor Retailer Authority trading as Unitywater 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 17 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide whether the 30-day period for protected industrial action, as authorised by a protected action ballot, could be extended. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought an extension of this period under section 459(3) of the Fair Work Act 2009. The respondent, Northern SEQ Distributor Retailer Authority trading as Unitywater, did not object to the application. The Commission was required to determine if the conditions of section 459(3) were met, specifically whether the period had not been extended previously and whether the application was made by an applicant for the protected action ballot order.

In making its decision, the Commission considered the statutory requirements under section 459(3) of the Act. It was satisfied that the Union had met both conditions for the extension: the period had not been extended previously, and the application was made by the Union, which was an applicant for the protected action ballot order. Given that the respondent did not oppose the application, the Deputy President concluded that the application should be granted. The Commission found that the Union had fulfilled the necessary criteria, and therefore, the 30-day period for protected industrial action could be extended by an additional 30 days.

Consequently, the Fair Work Commission ordered 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 Unitywater be extended by a further 30 days. This extension took effect from 17 June 2024, the date of the decision. The Commission's order was based on its finding that the statutory requirements were met, and the application was properly made by the Union within the stipulated timeframe.

v Northern SEQ Distributor Retailer Authority T/A Unitywater

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established