Construction, Forestry and Maritime Employees Union & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Co-Operative Bulk Handling Ltd T/A

[2025] FWC 2217

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

Construction, Forestry and Maritime Employees Union
&
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v

Co-Operative Bulk Handling Ltd T/A Co-Operative Bulk Handling

(B2025/1202)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 30 JULY 2025

Application to extend the 30 day period in relation to B2025/963.

This matter concerns the declaration of the result of a protected action ballot PR788537 held in matter B2025/963 and declared on 15 July 2025.

The Construction, Forestry and Maritime Employees Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have jointly 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.

Co-Operative Bulk Handling Ltd trading as Co-Operative Bulk Handling 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 14 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who jointly applied to extend the 30-day period in which industrial action could be authorised by a protected action ballot held for Co-Operative Bulk Handling Ltd. The application was made under section 459(3) of the Fair Work Act 2009, seeking an extension of the time limit for taking industrial action following the declaration of the ballot results on 15 July 2025. The Commission was required to determine whether the statutory criteria for an extension were satisfied and if so, whether the application should be granted.

The legal issues before the Commission centred on the interpretation and application of section 459(3) of the Fair Work Act. The unions needed to demonstrate that the 30-day period had not been previously extended and that they had applied to the Commission for the extension. Additionally, the Commission had to consider whether the extension was warranted under the circumstances presented in the application. Co-Operative Bulk Handling Ltd indicated no objection to the application, which was a relevant factor in the decision-making process.

After reviewing the application and the relevant provisions of the Act, the Deputy President concluded that the unions had met the statutory requirements for an extension. The 30-day period had not been previously extended, and the unions had made the appropriate application to the Commission. The Deputy President found that the extension was warranted given the circumstances and thus granted the application. The extension of the 30-day period was set to begin on 14 August 2025, providing an additional 30 days for the authorised industrial action.

The final orders of the Commission were that the 30-day period for the commencement of protected industrial action for eligible employees employed by Co-Operative Bulk Handling Ltd would be extended by a further 30 days, effective from 14 August 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established