v BlueScope Steel Limited Summary

[2025] FWC 1343

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

Australian Workers' Union

BlueScope Steel Limited

(B2025/783)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 14 MAY 2025

Application to extend the 30 day period in relation to B2025/516.

This matter concerns the declaration of the result of a protected action ballot PR785609 held in matter B2025/516 and declared on 11 April 2025.

The Australian 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.

BlueScope Steel 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 14 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union applied to the Fair Work Commission for an extension of the 30-day period during which industrial action could be authorised by a protected action ballot, specifically in relation to BlueScope Steel Limited. The application was made under section 459(3) of the Fair Work Act 2009, which allows for such an extension if certain conditions are met. The dispute centred on the declaration of the result of a protected action ballot PR785609 held in matter B2025/516, which was declared on 11 April 2025. The Union argued that the extension should be granted, while BlueScope Steel Limited did not oppose the application.

The legal issues before the Commission were whether the requirements for extending the 30-day period were satisfied and if the application should be granted. The key requirement under section 459(3) is that the applicant for the protected action ballot order must apply to the Commission for the extension, and that the period has not previously been extended. The Commission had to determine whether these conditions were fulfilled. Given that BlueScope Steel Limited had no objections and that the Union's application met the statutory criteria, the Deputy President concluded that the application should be approved.

The Deputy President found that the Union's application met the statutory requirements for an extension, and that there were no impediments to granting the requested relief. Consequently, the 30-day period for the commencement of protected industrial action was extended by a further 30 days from the date of the order, which was 14 May 2025. The decision was based on the Union's compliance with the conditions set out in section 459(3) of the Fair Work Act 2009, and the absence of any objections from BlueScope Steel Limited.

The final order granted by the Deputy President was that the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and were employed by BlueScope Steel Limited be extended by a further 30 days from 14 May 2025. This decision ensures that the employees have additional time to potentially undertake industrial action, as authorised by the ballot, without breaching the legal framework established by the Fair Work Act 2009.

v BlueScope Steel Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established