v Dormakaba Australia Pty Ltd

[2025] FWC 2692

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Dormakaba Australia Pty Ltd

(B2025/1410)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1194.

This matter concerns the declaration of the result of a protected action ballot PR790142 held in matter B2025/1194 and declared on 14 August 2025.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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.

Dormakaba Australia Pty Ltd has advised the Commission that it does not oppose the extension; however observed that it may be unnecessary given industrial action has commenced under the existing period.

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 13 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the period within which industrial action could be taken following a protected action ballot. The ballot, PR790142, was declared on 14 August 2025 in relation to Dormakaba Australia Pty Ltd, and under section 459 of the Fair Work Act 2009, the period during which industrial action could be authorised by the ballot was 30 days. The Union sought to extend this period by a further 30 days, arguing that the statutory requirements for such an extension were satisfied. The employer, Dormakaba, did not oppose the extension but noted that industrial action had already commenced. The Deputy President of the Commission, Hampton, found that the requirements of the Act had been met and granted the application.

The key issue for determination was whether the statutory conditions for an extension of the period in which industrial action could be authorised were fulfilled. The relevant provision, section 459(3) of the Act, requires that the period has not previously been extended and that an applicant for the protected action ballot applies to the Fair Work Commission for the extension. The Union argued that these conditions were met, and the employer did not oppose the application. The employer's observation that industrial action had already commenced was noted, but did not affect the decision as the application was for an extension and not for a prohibition of the action.

In rendering the decision, Deputy President Hampton considered the statutory provisions and the evidence presented. The Deputy President was satisfied that the statutory requirements for an extension were met and that there was no valid reason to deny the application. The employer's lack of opposition and the commencement of industrial action did not alter the legal analysis. Accordingly, the Deputy President granted the application and extended the period by a further 30 days, with the extension to take effect from 13 September 2025.

The Fair Work Commission ordered that the period for the commencement of protected industrial action be extended by 30 days from 13 September 2025. This decision ensures that the Union can continue to organise industrial action under the protection of the Fair Work Act 2009 for an additional month.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established