v Crown Sydney Gaming Pty Ltd T/A Crown Sydney Summary

[2025] FWC 2469

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

Crown Sydney Gaming Pty Ltd T/A Crown Sydney

(B2025/1289)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 AUGUST 2025

Application to extend the 30 day period in relation to B2025/1082.

This matter concerns the declaration of the result of a protected action ballot PR788932 held in matter B2025/1082 and declared on 16 July 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 from the expiry of the original 30 days.

Crown Sydney Gaming Pty Ltd T/A Crown Sydney has not advised the Commission of any 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 21 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the United Workers' Union seeking an extension of the 30-day period within which industrial action could be authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009, seeking an extension of the period for the commencement of protected industrial action for employees of Crown Sydney Gaming Pty Ltd T/A Crown Sydney. The application related to a ballot held in matter B2025/1082, the result of which was declared on 16 July 2025. The Union contended that the statutory requirements for an extension had been met, and the period should be extended by a further 30 days. Crown Sydney Gaming Pty Ltd T/A Crown Sydney did not object to the application. The legal issue before the Commission was whether the requirements of section 459(3) of the Act had been met, and whether the application should be granted.

The Commission found that the requirements of section 459(3) of the Act had been met. The application was made by the Union within the prescribed timeframe, and the period had not previously been extended. The Commission noted that there was no objection from Crown Sydney Gaming Pty Ltd T/A Crown Sydney. Accordingly, the application was granted, and the 30-day period for the commencement of protected industrial action was extended by a further 30 days.

In light of the above, the Commission ordered 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. The order will operate on and from 21 August 2025. This decision provides some relief to the Union and its members, who may now engage in protected industrial action for a further 30 days.

This decision highlights the importance of following the statutory requirements when seeking an extension of the period for the commencement of protected industrial action. It also underscores the Commission's willingness to grant extensions where the requirements are met, and there is no objection from the employer.

v Crown Sydney Gaming Pty Ltd T/A Crown Sydney

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established