v Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) Pty Ltd

[2025] FWC 2755

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

Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) Pty Ltd

(B2025/1440)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1253.

This matter concerns the declaration of the result of a protected action ballot PR790473 held in matter B2025/1253 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 (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.

Ampcontrol SWG Pty Ltd and Ampcontrol Service (NSW) Pty Ltd 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 20 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking an extension of the 30-day period within which industrial action could be authorised by a protected action ballot. The application was against Ampcontrol SWG Pty Ltd and Ampcontrol Service (NSW) Pty Ltd. The application was made under section 459(3) of the Fair Work Act 2009, which allows for an extension of the period if certain conditions are met, including that the period has not been previously extended.

The primary legal issue the Commission had to address was whether the conditions stipulated in section 459(3) of the Act were satisfied. The union argued that the conditions had been met and that the 30-day period should be extended by an additional 30 days. The employers, Ampcontrol SWG Pty Ltd and Ampcontrol Service (NSW) Pty Ltd, did not object to the application.

The Deputy President of the Fair Work Commission, Hampton, concluded that the union's application met the statutory requirements and granted the extension. The decision was based on the union's compliance with the conditions specified in the Act, and the absence of any objection from the employers. Consequently, the 30-day period for the commencement of protected industrial action was extended by a further 30 days from the expiry of the original period, effective from 20 September 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established