v Dow Performance Materials (Australia) Pty Ltd

[2025] FWC 2979

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

Construction, Forestry and Maritime Employees Union

Dow Performance Materials (Australia) Pty Ltd

(B2025/1546)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 7 OCTOBER 2025

Application to extend the 30 day period in relation to B2025/1216.

This matter concerns the declaration of the result of a protected action ballot PR790231 held in matter B2025/1216 and declared on 11 September 2025.

The Construction, Forestry and Maritime Employees 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.

Dow Performance Materials (Australia) 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 11 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union filed an application before the Fair Work Commission seeking an extension of the 30-day period authorised by a protected action ballot. This case involves the extension of the timeframe in which industrial action can be undertaken by employees following a ballot result declared on 11 September 2025. The application was made under section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission to extend the 30-day period if certain conditions are met, and the employer, Dow Performance Materials (Australia) Pty Ltd, has no objections.

The central legal issue before the Commission was whether the statutory requirements for extending the 30-day period had been satisfied. The applicant argued that all prerequisites under section 459(3) were fulfilled and that an additional 30-day extension was warranted. The Commission had to determine if the application met the statutory criteria, particularly whether the period had not been previously extended and whether the applicant had applied for the extension.

After considering the application and the submissions made by the parties, Deputy President Wright concluded that the requirements for extending the 30-day period had indeed been met. The employer had explicitly stated it had no objections to the extension. Consequently, the Deputy President granted the application and ordered that the 30-day period for the commencement of protected industrial action be extended by an additional 30 days, effective from 11 October 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established