v CDC Darwin Pty Ltd, CDC Regional NT Pty Ltd, Bus Link NT Pty Ltd

[2025] FWC 2915

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

Transport Workers' Union of Australia

CDC Darwin Pty Ltd, CDC Regional NT Pty Ltd, Bus Link NT Pty Ltd

(B2025/1528)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 30 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1306.

This matter concerns the declaration of the result of a protected action ballot PR790835 held in matter B2025/1306 and declared on 3 September 2025.

The Transport Workers' 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.

CDC Darwin Pty Ltd, CDC Regional NT Pty Ltd and Bus Link NT 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 s. 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 3 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia has applied to the Fair Work Commission to extend the 30-day period during which industrial action is authorised by a protected action ballot. The application pertains to the ballot result declared on 3 September 2025, in relation to matter B2025/1306. The respondents, CDC Darwin Pty Ltd, CDC Regional NT Pty Ltd, and Bus Link NT Pty Ltd, have not opposed the application. The legal issue before the Commission was whether the conditions stipulated in section 459(3) of the Fair Work Act 2009 had been met, which would permit an extension of the 30-day period.

The Fair Work Act 2009 provides that the Commission may extend the 30-day period for the commencement of protected industrial action if certain conditions are satisfied. Specifically, the applicant must have applied for the extension, and the period must not have been previously extended. The Transport Workers' Union of Australia submitted that both conditions had been fulfilled. The respondents did not object to the application, thereby implicitly agreeing with the union’s submissions. The Deputy President found that the requirements of the Act were indeed met and granted the application.

Consequently, the Deputy President ordered that the 30-day period for the commencement of protected industrial action be extended by an additional 30 days, from the date of the original expiry on 3 October 2025. This extension allows the eligible employees who participated in the ballot to engage in protected industrial action for a further period, provided that the union and the employer continue to abide by the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established