v Zinfra Contracting Pty Ltd T/A Jemena Infrastructure Services

[2024] FWC 2488

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

Zinfra Contracting Pty Ltd T/A Jemena Infrastructure Services

(B2024/1196)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 12 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/1075.

This matter concerns the declaration of the result of a protected action ballot PR778593 held in matter B2024/1075 and declared on 6 September 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.

Zinfra Contracting Pty Ltd trading as Jemena Infrastructure Services 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 12 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) has applied to the Fair Work Commission (FWC) for an extension of the 30-day period during which industrial action may be taken in response to a protected action ballot. The application is in relation to a ballot held under the Fair Work Act 2009 (Act) in matter B2024/1075, the result of which was declared on 6 September 2024. Zinfra Contracting Pty Ltd trading as Jemena Infrastructure Services (the Employer) has not objected to the application. The Union seeks an extension of the 30-day period during which industrial action may be taken by employees employed by the Employer who were subject to the ballot.

The issue before the FWC is whether the application for an extension of the 30-day period should be granted. The FWC must consider whether the relevant requirements of the Act have been met and whether there are any grounds to refuse the application. The relevant requirement under section 459(3) of the Act is that the 30-day period has not previously been extended. The Union asserts that this requirement has been met and that the application should be granted. The Employer has not objected to the application.

The FWC is satisfied that the requirements of section 459(3) of the Act have been met and that there are no grounds to refuse the application. The FWC considers that the Union has demonstrated that the relevant requirements of the Act have been met and that the application should be granted. The FWC notes that the Employer has not objected to the application. Accordingly, the FWC orders 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 12 September 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established