v Bega Cheese Limited Summary

[2025] FWC 2227

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

Bega Cheese Limited

(B2025/1200)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 30 JULY 2025

Application to extend the 30 day period in relation to B2025/1102.

This matter concerns the declaration of the result of a protected action ballot PR789017 held in matter B2025/1102 and declared on 23 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.

Bega Cheese Limited 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 22 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period for protected industrial action authorised by a ballot. The relevant ballot was PR789017, held in matter B2025/1102 and declared on 23 July 2025. The union sought to extend the period under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period if certain conditions are met. Bega Cheese Limited, the employer, did not object to the application. The union argued that the conditions of the Act were satisfied and that the period should be extended by a further 30 days.

The Commission considered whether the union had met the requirements of section 459(3). It noted that the union had applied for an extension within the prescribed timeframe, and that the period had not been previously extended. Bega Cheese Limited did not oppose the application. Given these facts, the Commission concluded that the union had met the statutory requirements for an extension.

In light of the above, the Deputy President granted the union's application. The Commission found that the application should be approved as it met the statutory criteria, and Bega Cheese Limited had no objection. The 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 22 August 2025. The decision provides clarity on the application of section 459(3) of the Act in this context and resolves the union's request for an extension.

v Bega Cheese Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established