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

[2025] FWC 2255

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
TK Elevator Australia Pty Ltd

(B2025/1223)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 1 AUGUST 2025

Application to extend the 30 day period in relation to B2025/937.

This matter concerns the declaration of the result of a protected action ballot PR788536 held in matter B2025/937 and declared on 7 July 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.

TK Elevator Australia 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 6 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 during which industrial action is authorised by a protected action ballot. The application was in relation to a ballot held in matter B2025/937, which was declared on 7 July 2025. TK Elevator Australia Pty Ltd did not object to the application. The Commission was required to decide whether the application met the requirements of section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met.

The legal issues before the Commission were whether the application complied with the requirements of section 459(3) of the Act and whether the period had not already been extended. The applicant argued that both conditions were satisfied and that the period should be extended by a further 30 days. TK Elevator Australia Pty Ltd did not raise any objections to the application. The Commission determined that the application met the requirements of the Act and granted the extension, thereby extending the 30-day period by a further 30 days from the expiry of the original period.

The Commission found that the applicant had fulfilled the necessary conditions under section 459(3) of the Act, and no objections were raised by TK Elevator Australia Pty Ltd. Therefore, the application was granted, and the 30-day period for the commencement of protected industrial action was extended by an additional 30 days. This extension would commence on 6 August 2025. The decision was made in accordance with section 459(3) of the Fair Work Act 2009, and the order was issued to reflect the extension of the authorised period for industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established