| [2025] FWC 2224 |
| 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
Ventia (Australia) Pty Ltd, Downer Utilities Australia Pty Ltd & Jacobs Group (Australia) Pty Ltd T/A Confluence Water
(B2025/1201)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 30 JULY 2025 |
Application to extend the 30 day period in relation to B2025/1084.
This matter concerns the declaration of the result of a protected action ballot PR788913 held in matter B2025/1084 and declared on 18 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.
The Employers, Ventia (Australia) Pty Ltd and Downer Utilities Australia Pty Ltd trading together as Confluence Water have 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 17 August 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR790186>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Ventia (Australia) Pty Ltd, Downer Utilities Australia Pty Ltd & Jacobs Group (Australia) Pty.. [2025] FWC 2224
- Case
- [2025] FWC 2224
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the union's application complied with the requirements set out in section 459(3) of the Act, particularly whether the 30-day period had not already been extended and if the union had made the application within the stipulated timeframe. The union argued that both conditions were met, and thus, the extension should be granted. The Deputy President found that the union had fulfilled all the statutory requirements, and no objections were raised by the employers.
The Deputy President concluded that the union had met the statutory requirements for an extension of the 30-day period for protected action. Therefore, the application was granted, and the period for commencing protected industrial action was extended by an additional 30 days. This extension was to take effect from 17 August 2025, thereby allowing the union to initiate the protected action within the new timeframe.
Orders
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