v Tasmanian Networks Pty Ltd trading as TasNetworks

[2024] FWC 2427

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

Tasmanian Networks Pty Ltd trading as TasNetworks

(B2024/1165)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 6 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/801.

This matter concerns the declaration of the result of a protected action ballot PR776406 held in matter B2024/801 and declared on 6 August 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.

Tasmanian Networks Pty Ltd trading as TasNetworks 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 6 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< PR779020>

CaseChat Overview and Summary

The Fair Work Commission heard an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period within which industrial action could be taken under a protected action ballot. The employer, Tasmanian Networks Pty Ltd trading as TasNetworks, did not oppose the application. The application sought to extend the period under section 459(3) of the Fair Work Act 2009, which permits the Commission to extend the period by up to 30 days if the applicant seeks an extension and the period has not previously been extended. The Commission was required to determine whether the statutory requirements for such an extension were met.

The court examined the application against the criteria set out in the Act. The application was made by the union, which had conducted the relevant ballot, and the employer had no objections to the extension. The Commission confirmed that the period had not been extended previously, fulfilling the statutory conditions. Therefore, the Commission found that the application satisfied the requirements of the Act.

Consequently, the Deputy President ordered that the 30-day period for commencing protected industrial action be extended by a further 30 days. This extension was set to take effect from 6 September 2024. This decision was based on the union's application and the absence of objections from the employer, aligning with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established