Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the...

[2025] FWC 1381

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, "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), Mining and Energy Union
v

The Cornwall Coal Company Pty Limited Trading AS Cement Australia - Cornwall

(B2025/796)

COMMISSIONER HARPER-GREENWELL

MELBOURNE, 19 MAY 2025

Application to extend the 30 day period in relation to B2025/475

This matter concerns the declaration of the result of a protected action ballot PR785245 held in matter B2025/475 and declared on 17 March 2025.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), and Mining and Energy Union 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.

The Cornwall Coal Company Pty Limited Trading AS Cement Australia - Cornwall 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 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Australian Manufacturing Workers' Union (AMWU) and the Mining and Energy Union to extend the 30-day period for protected industrial action authorised by a ballot held in relation to the Cornwall Coal Company Pty Limited Trading AS Cement Australia - Cornwall. The application sought an extension under section 459(3) of the Fair Work Act 2009. The employer, Cornwall Coal Company, indicated it had no objections to the application.

The legal issue for the Commission was whether the requirements for an extension under section 459(3) had been satisfied. Specifically, the Commission needed to determine whether the applicant had applied for the extension within the required timeframe and whether the period had not previously been extended. The Commission also needed to consider whether granting the extension would be consistent with the purposes of the Act.

The Commission was satisfied that the applicant unions had met the requirements for an extension. The ballot had been held and declared within the previous 30 days. The applicant unions had applied for the extension before the original 30-day period had expired and the period had not been extended previously. Therefore, the Commission found that the application should be granted. The extension would allow for further negotiations between the unions and the employer to resolve the underlying dispute that led to the ballot. The Commission ordered that the 30-day period for protected industrial action be extended by a further 30 days, from 1 June 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established