Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Victoria International Container Terminal Limited Summary

[2025] FWC 2176

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

Victoria International Container Terminal Limited

(B2025/1177)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 JULY 2025

Application to extend the 30 day period in relation to B2025/774

This matter concerns the declaration of the result of a protected action ballot PR787283 held in matter B2025/774 and declared on 25 June 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.

Victoria International Container Terminal Limited T/A Victoria International Container Terminal has advised the Commission they do not 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 25 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has been asked to decide on an application made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period in which industrial action is authorised by a protected action ballot. This application relates to a dispute with Victoria International Container Terminal Limited. The Union has requested an extension of the 30-day period under section 459(3) of the Fair Work Act 2009, which allows for such an extension if the period has not already been extended and the applicant applies for it.

The legal issue before the Commission was whether the Union had satisfied the conditions set out in section 459(3) of the Fair Work Act 2009 for extending the period in which industrial action could be taken. The Union argued that it had met all the requirements, including that the period had not been previously extended, and that the application was made in a timely manner. Victoria International Container Terminal Limited did not object to the application.

The Commission found that the Union had indeed met the requirements of section 459(3) of the Fair Work Act 2009. The Commission was satisfied that the 30-day period had not been extended previously and that the application was made within the timeframe allowed by the Act. The employer's lack of objection was also noted by the Commission. Consequently, the application was granted, and the period for the commencement of protected industrial action was extended by a further 30 days from the expiry of the original 30 days. This extension commenced on 25 July 2025.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Victoria International Container Terminal Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established