v South Australian Water Corporation T/A SA Water Summary

[2024] FWC 2420

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

The Association of Professional Engineers, Scientists and Managers, Australia

South Australian Water Corporation T/A SA Water

(B2024/1143)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 5 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/952.

This matter concerns the declaration of the result of a protected action ballot PR777615 held in matter B2024/952 and declared on 8 August 2024.

The Association of Professional Engineers, Scientists and Managers, 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.

South Australian Water Corporation trading as SA Water 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 5 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) filed an application with the Fair Work Commission (FWC) to extend the 30-day period within which industrial action can be authorised by a protected action ballot. This application pertains to a ballot declared on August 8, 2024, in the context of a broader dispute between APESMA and the South Australian Water Corporation, trading as SA Water. SA Water did not raise any objections to the application before the FWC.

The legal issue before the FWC was whether the application met the statutory criteria set out in section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period for the commencement of protected industrial action. Specifically, the court needed to determine if APESMA had applied for the extension and if the period had not already been extended previously. APESMA argued that both conditions were met, thereby warranting the extension of the period by an additional 30 days.

Upon reviewing the application, the Deputy President Hampton found that all the statutory requirements were satisfied. SA Water did not oppose the application, reinforcing the Deputy President's decision that the period should indeed be extended. Consequently, the Deputy President granted the application and extended the 30-day period by an additional 30 days, effective from September 5, 2024. This decision allows eligible employees who were part of the ballot and employed by SA Water to engage in protected industrial action within the extended timeframe.

v South Australian Water Corporation T/A SA Water

CaseChat Overview and Summary

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Background to the litigation

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