v NSW Electricity Network Operations Pty Limited As Trustee For NSW Electricity Networks Operations Trust T/A Transgrid

[2024] FWC 1630

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

NSW Electricity Network Operations Pty Limited As Trustee For NSW Electricity Networks Operations Trust T/A Transgrid

(B2024/798)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 JUNE 2024

Application to extend the 30 day period in relation to B2024/524.

This matter concerns the declaration of the result of a protected action ballot PR774677 held in matter B2024/524 and declared on 24 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 NSW Electricity Network Operations Pty Limited As Trustee For NSW Electricity Networks Operations Trust T/A Transgrid 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 21 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to consider an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period during which industrial action could be authorised by a protected action ballot held in relation to NSW Electricity Network Operations Pty Limited As Trustee For NSW Electricity Networks Operations Trust T/A Transgrid. This matter arose following a protected action ballot declared on 24 May 2024. The application was made under section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met.

The legal issue before the FWC was whether the application met the criteria for an extension as set out in section 459(3) of the Fair Work Act 2009. Specifically, the FWC had to determine whether the applicant had applied for the extension, and whether the period had not been previously extended. The union argued that the requirements had been met, and that the extension should be granted. The employer, NSW Electricity Network Operations, did not object to the application.

In considering the application, the FWC noted that the union had applied for the extension and that the 30-day period had not previously been extended. The FWC was satisfied that the application met the criteria for an extension under section 459(3) of the Act. The FWC determined that the application should be granted and ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 21 June 2024.

This decision reflects the FWC's consideration of the application in accordance with the relevant provisions of the Fair Work Act 2009. The extension of the 30-day period provides additional time for the union and the employer to engage in discussions and potentially reach an agreement that avoids the need for industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established