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

[2025] FWC 900

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
v

Lion Pty Ltd

(B2025/530)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 31 MARCH 2025

Application to extend the 30 day period in relation to B2025/260.

This matter concerns the declaration of the result of a protected action ballot PR784448 held in matter B2025/260 and declared on 3 March 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.

Lion Pty Ltd 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 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< PR785706>

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period for industrial action authorised by a protected action ballot. The dispute arose from the outcome of ballot PR784448, declared on 3 March 2025. The Union sought an extension under section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission to extend the period by up to 30 days if the requirements are met. Lion Pty Ltd, the employer, did not object to the application. The Union argued that the application met the statutory criteria for an extension.

The legal issues before the Commission were whether the Union's application complied with the requirements set out in section 459(3) of the Act, specifically that an applicant for the protected action ballot order must apply to the Commission for the period to be extended and that the period must not have been previously extended. The Union confirmed that these conditions were satisfied. The employer did not oppose the application, thus the Commission needed to determine if the Union's application met the statutory criteria and if so, whether the period should be extended.

The Deputy President of the Fair Work Commission, Hampton, found that the Union's application met the statutory criteria. Given the Union's compliance with the Act and the absence of opposition from the employer, the Deputy President was satisfied that the application should be granted. The Commission concluded that the 30-day period for the commencement of protected industrial action should be extended by a further 30 days. Consequently, the Deputy President ordered that the extension would commence on 1 April 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established