v ContiTech Australia Pty Ltd T/A ContiTech Summary

[2025] FWC 456

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

ContiTech Australia Pty Ltd T/A ContiTech

(B2025/248)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 14 FEBRUARY 2025

Application to extend the 30 day period in relation to B2025/21 .

This matter concerns the declaration of the result of a protected action ballot PR783137 held in matter B2025/21 and declared on 24 January 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.

ContiTech Australia Pty Ltd T/A ContiTech 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 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on an application to extend the period for which industrial action was authorised by a protected action ballot. The United Workers' Union applied for the extension under section 459(3) of the Fair Work Act 2009, seeking to extend the 30-day period in which industrial action could be authorised by the relevant ballot. The application related to a ballot held in matter B2025/21 and declared on 24 January 2025. The employer, ContiTech Australia Pty Ltd T/A ContiTech, indicated that it had no objections to the application.

The primary legal issue for the Commission was whether the application met the statutory requirements for an extension of the period for protected industrial action. Section 459(3) of the Fair Work Act 2009 specifies that the 30-day period can be extended if the applicant requests the extension and the period has not been previously extended. The Commission had to determine if the application satisfied these conditions. The United Workers' Union argued that it had fulfilled the statutory requirements and that the extension should be granted.

In reaching its decision, the Commission considered that the application had indeed met the statutory requirements. The Union had applied for the extension, and there was no evidence that the period had been previously extended. Given the lack of objection from the employer, the Commission found that it was appropriate to grant the application. The Deputy President concluded that the requirements of the Act had been met, and accordingly, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 22 February 2025.

v ContiTech Australia Pty Ltd T/A ContiTech

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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