v DuroColour Australia Pty Ltd T/A DuroColour Australia

[2025] FWC 898

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

DuroColour Australia Pty Ltd T/A DuroColour Australia

(B2025/528)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 31 MARCH 2025

Application to extend the 30 day period in relation to B2025/103.

This matter concerns the declaration of the result of a protected action ballot PR783383 held in matter B2025/103 and declared on 28 February 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.

DuroColour Australia Pty Ltd trading as DuroColour Australia 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 31 March 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 by the United Workers' Union to extend the 30-day period for industrial action authorised by a protected action ballot. The dispute arose between the United Workers' Union and DuroColour Australia Pty Ltd trading as DuroColour Australia, involving the extension of a ballot period declared on 28 February 2025. The application was made under section 459(3) of the Fair Work Act 2009, which allows for an extension of the ballot period by up to 30 days if certain conditions are met.

The primary legal issue before the Commission was whether the application satisfied the statutory requirements for an extension of the 30-day period. Specifically, the Commission had to determine if the application was made by an applicant for the protected action ballot order, if the period had not previously been extended, and if these conditions were met, whether the application should be granted. The Union argued that all requirements were fulfilled and sought an extension for a further 30 days. DuroColour Australia did not object to the application.

The Deputy President Hampton concluded that the application met the statutory criteria for an extension. The Commission was satisfied that the Union had applied for the extension and that the period had not been previously extended. Consequently, the Deputy President ordered the 30-day period for the commencement of protected industrial action to be extended by a further 30 days, effective from 31 March 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established