v NSW Electricity Networks Operations Pty Limited As Trustee For NSW Electricity Networks Operations Trust Summary

[2024] FWC 1792

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 Networks Operations Pty Limited As Trustee For NSW Electricity Networks Operations Trust

(B2024/859)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 JULY 2024

Application to extend the 30 day period in relation to B2024/561.

This matter concerns the declaration of the result of a protected action ballot PR775216 held in matter B2024/561 and declared on 4 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.

NSW Electricity Networks Operations Pty Limited As Trustee For NSW Electricity Networks Operations Trust 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 8 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission 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 is permitted, following a protected action ballot held in matter B2024/561. The ballot, PR775216, was declared on 4 June 2024, and the union sought to extend the authorisation period under section 459(3) of the Fair Work Act 2009. NSW Electricity Networks Operations Pty Limited, as trustee for the NSW Electricity Networks Operations Trust, indicated no objection to the application.

The central legal issue before the Commission was whether the requirements of section 459(3) of the Act had been satisfied, which allow for an extension of the 30-day period if the applicant for the protected action ballot order applies for the extension and the period has not already been extended. The application argued that all conditions had been fulfilled, justifying the extension by a further 30 days. The Deputy President Hampton found that the application met the statutory criteria. Consequently, the 30-day period for the commencement of industrial action by eligible employees was extended by an additional 30 days, effective from 8 July 2024.

The Fair Work Commission granted the application and issued an order under section 459(3) of the Act, extending the 30-day period for eligible employees to commence industrial action. This extension was set to begin on 8 July 2024, thereby allowing additional time for the union to organise and implement any authorised industrial action. This decision followed the union's application and the employer's lack of objection, aligning with the provisions of the Fair Work Act.

v NSW Electricity Networks Operations Pty Limited As Trustee For NSW Electricity Networks Operations Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established