v CDC Mildura Pty Ltd; CDC Ballarat Pty Ltd; CDC Geelong Pty Ltd; CDC Oakleigh Pty Ltd; CDC Sunshine Pty Ltd; CDC Tullamarine Pty Ltd; CDC Wyndham Pty Ltd; CDC Victoria East Pty Ltd; CDC Victoria West Pty Ltd; CDC...

[2025] FWC 2400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Transport Workers’ Union of Australia

CDC Mildura Pty Ltd; CDC Ballarat Pty Ltd; CDC Geelong Pty Ltd;
CDC Oakleigh Pty Ltd; CDC Sunshine Pty Ltd; CDC Tullamarine Pty
Ltd; CDC Wyndham Pty Ltd; CDC Victoria East Pty Ltd; CDC Victoria
West Pty Ltd; CDC Victoria North-West Pty Ltd

(B2025/1287)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 AUGUST 2025

Application to extend the 30 day period in relation to B2025/1050.

This matter concerns the declaration of the result of a protected action ballot PR788681 held in matter B2025/1050 and declared on 16 July 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 Mildura 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 15 August 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 for an extension of the 30-day period for protected action authorised by a ballot held in relation to CDC Mildura Pty Ltd and other entities. The Commission was required to decide whether the application met the criteria for an extension under section 459(3) of the Fair Work Act 2009. The Union argued that all conditions for an extension had been met, and CDC Mildura Pty Ltd did not oppose the application. The Deputy President Hampton found that the requirements of the Act were satisfied, and the application should be granted.

The key legal issue in this case was whether the Union's application met the statutory criteria for an extension of the 30-day period for protected action. The Union needed to demonstrate that it had applied to the Commission within the original period, and that this period had not already been extended. CDC Mildura Pty Ltd did not oppose the application, which simplified the Court's task. The Deputy President Hampton found that the Union had satisfied the requirements of the Act, and the application should be granted.

The Court's reasoning was based on the statutory criteria for an extension of the 30-day period for protected action. The Union had applied to the Commission within the original period, and CDC Mildura Pty Ltd had no objection to the application. The Deputy President Hampton was satisfied that the Union's application met the criteria for an extension under section 459(3) of the Act. The Court granted the application and extended the period for protected action by a further 30 days from the expiry of the original 30 days.

Pursuant to section 459(3) of the Fair Work Act 2009, the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by CDC Mildura Pty Ltd and other entities was extended by a further 30 days from 15 August 2025. This decision was made by Deputy President Hampton of the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established