Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Cascade Brewery Company Pty Ltd Summary

[2025] FWC 3188

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

Cascade Brewery Company Pty Ltd

(B2025/1593)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 23 OCTOBER 2025

Application to extend the 30 day period in relation to B2025/1244.

This matter concerns the declaration of the result of a protected action ballot PR790415 held in matter B2025/1244 and declared on 18 September 2025.

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 from the expiry of the original 30 days.

Cascade Brewery Company Pty Ltd 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 23 October 2025.

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 sought an extension of the 30-day period in which industrial action could be authorised by a protected action ballot, as declared in matter B2025/1244. The application was made pursuant to section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission to extend this period by up to 30 days under certain conditions. The relevant employer, Cascade Brewery Company Pty Ltd, did not object to the application. The Deputy President, Wright, was tasked with determining whether the conditions for the extension were met and whether the application should be granted.

The key legal issue for the court was whether the requirements of section 459(3) of the Act had been satisfied. Specifically, the court needed to determine if the applicant had applied to the Commission for an extension within the specified period and if the period had not already been extended. The applicant argued that both conditions had been met, and that the 30-day period should be extended by another 30 days. The employer did not raise any objections to the application.

The court found that the requirements of section 459(3) of the Act had indeed been met. The applicant had applied for the extension, and the period had not been previously extended. Consequently, the Deputy President, Wright, ruled that the application should be granted. The court ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days from 23 October 2025, benefiting eligible employees who were subject to the ballot and employed by the Employer.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Cascade Brewery Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established