v SUEZ Water Pty Ltd T/A SUEZ Australia & New Zealand

[2025] FWC 1225

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

SUEZ Water Pty Ltd T/A SUEZ Australia & New Zealand

(B2025/691)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 1 MAY 2025

Application to extend the 30 day period in relation to B2025/212.

This matter concerns the declaration of the result of a protected action ballot PR784088 held in matter B2025/212 and declared on 24 March 2025.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 from the expiry of the original 30 days.

SUEZ Water Pty Ltd T/A SUEZ Australia & New Zealand 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 1 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for an extension of the 30-day period in which industrial action is authorised by a protected action ballot. This application was made in relation to a matter concerning the declaration of the result of a ballot held in the matter of B2025/212. The employer, SUEZ Water Pty Ltd T/A SUEZ Australia & New Zealand, did not oppose the application.

The central legal issue before the Commission was whether the application met the criteria set out in section 459(3) of the Fair Work Act 2009. The section allows the Commission to extend the 30-day period if the applicant requests it and if the period has not already been extended. The Commission had to determine if the requirements for extending the period were satisfied. Specifically, the Commission needed to ascertain whether the applicant, CEPU, had correctly applied for the extension and whether the period had not already been extended.

The Deputy President of the Commission, Hampton, concluded that the requirements of the Act had been met. The application had been made by the applicant for the protected action ballot order, and there was no evidence that the period had previously been extended. The employer also indicated no objection to the application. Based on these findings, the Deputy President determined that the application should be granted. The Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees employed by the employer be extended by a further 30 days, effective from 1 May 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established