v Downer Utilities Australia Pty Ltd Summary

[2025] FWC 1076

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

Downer Utilities Australia Pty Ltd

(B2025/632)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 APRIL 2025

Application to extend the 30 day period in relation to B2025/360.

This matter concerns the declaration of the result of a protected action ballot PR785019 held in matter B2025/360 and declared on 21 March 2025.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

Downer Utilities Australia Pty Ltd 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 20 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to extend the 30-day period within which industrial action is authorised by a protected action ballot. This application was made in relation to the result of a ballot PR785019 held in matter B2025/360, which was declared on 21 March 2025. The applicant sought an extension under section 459(3) of the Fair Work Act 2009. Downer Utilities Australia Pty Ltd, the employer, did not object to the application. The applicant argued that the requirements for an extension were met, and that the period should be extended by a further 30 days.

The primary legal issue for the Commission to decide was whether the requirements for an extension of the 30-day period were satisfied. Section 459(3) of the Act provides that the Commission may extend the 30-day period if certain conditions are met, including that the period has not previously been extended. The Commission was required to determine whether these conditions were met in this case. Given that Downer Utilities Australia Pty Ltd did not object to the application and the period had not previously been extended, the Commission was satisfied that the requirements were met.

The Deputy President of the Commission, Hampton, found that the application met the statutory requirements and that the period should be extended. The Deputy President noted that there were no objections from the employer and that the period had not previously been extended. The Deputy President was satisfied that the application should be granted, and accordingly ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days. This order would operate from 20 April 2025.

v Downer Utilities Australia Pty Ltd

CaseChat Overview and Summary

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