v Australian Wool Testing Authority Ltd Summary

[2025] FWC 1832

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

United Workers' Union

Australian Wool Testing Authority Ltd

(B2025/988)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 26 JUNE 2025

Application to extend the 30 day period in relation to B2025/794.

This matter concerns the declaration of the result of a protected action ballot PR787450 held in matter B2025/794 and declared on 30 May 2025.

The United Workers' Union 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 Australian Wool Testing Authority 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 28 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerns an application by the United Workers' Union to extend the 30-day period for industrial action authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009 and pertains to the ballot PR787450, declared on 30 May 2025, in relation to the Australian Wool Testing Authority Ltd. The Australian Wool Testing Authority Ltd did not object to the application. The Deputy President Hampton was responsible for determining the application's merits.

The legal issue at hand was whether the Commission should extend the 30-day period for protected industrial action as requested by the United Workers' Union. This required a determination of whether the application met the criteria set out in section 459(3) of the Fair Work Act. Specifically, the Commission needed to confirm if the applicant had applied for an extension, and whether the period had not already been extended. The Commission was also required to consider the application's merits in the context of the statutory framework.

Deputy President Hampton concluded that the requirements of the Fair Work Act had been satisfied, and therefore, the application for an extension should be granted. The Deputy President noted that the Union had applied for the extension, and there was no evidence that the period had previously been extended. Given these findings, the Deputy President was satisfied that the application met the statutory criteria. Consequently, the 30-day period for the commencement of industrial action was extended by a further 30 days, effective from 28 June 2025.

No further orders were made beyond the extension of the 30-day period. The decision of the Fair Work Commission was clear in granting the Union's application and extending the authorised period for industrial action.

v Australian Wool Testing Authority Ltd

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