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

[2025] FWC 2797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

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

Otis Elevator Company Pty Ltd

(B2025/1439)

COMMISSIONER FOX

MELBOURNE, 18 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1237.

This matter concerns the declaration of the result of a protected action ballot PR790359 held in matter B2025/1237 and declared on 21 August 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 (the 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.

On 15 September 2025, Otis Elevator Company Pty Ltd advised it objected to the application. On 17 September 2025, Otis Elevator Company Pty Ltd advised that it withdrew its objection.

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 20 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to decide on 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 ballot. The application related to a dispute between the Union and Otis Elevator Company Pty Ltd, which involved a ballot declared on 21 August 2025. The Union sought an extension under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period by up to 30 days if certain conditions are met. Otis Elevator initially objected to the application but later withdrew its objection.

The primary legal issue before the Commission was whether the application met the requirements set out in the Act for extending the 30-day period. Specifically, the Commission had to determine if the applicant had applied for the extension and if the period had not already been extended previously. The Union argued that both conditions were satisfied, and therefore the period should be extended by a further 30 days. Otis Elevator's withdrawal of its objection meant there were no opposing arguments before the Commission.

The Commission found that the Union had indeed met the requirements for an extension as stipulated in section 459(3) of the Act. The 30-day period for industrial action was thus extended by a further 30 days, starting from 20 September 2025. Commissioner Fox granted the application, noting that Otis Elevator's withdrawal of its objection did not present any impediments to the Union's request. This decision allowed eligible employees who participated in the ballot and were employed by Otis Elevator to continue with authorised industrial action for an additional period.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Otis Elevator 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