v Express Freighters Australia (Operations) Pty Ltd

[2025] FWC 2111

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

Transport Workers' Union of Australia

Express Freighters Australia (Operations) Pty Ltd

(B2025/1161)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 JULY 2025

Application to extend the 30 day period in relation to B2025/892.

This matter concerns the declaration of the result of a protected action ballot PR787979 held in matter B2025/892 and declared on 25 June 2025.

The Transport Workers' 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.

Express Freighters Australia (Operations) 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 24 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia has applied to the Fair Work Commission (FWC) under section 459 of the Fair Work Act 2009 to extend the 30-day period for initiating industrial action, as authorised by a protected action ballot. This application pertains to matter B2025/892, which involves industrial action by employees of Express Freighters Australia (Operations) Pty Ltd. The ballot in question, PR787979, was declared on 25 June 2025, and the union seeks an extension of the 30-day period stipulated by the Act for the commencement of industrial action.

The central legal issue before the FWC was whether the requirements set out in section 459(3) of the Fair Work Act had been satisfied. Section 459(3) permits the FWC to extend the 30-day period if an applicant for the protected action ballot order requests the extension and if the period has not been previously extended. The Transport Workers' Union argued that both conditions were fulfilled and that the period should be extended by a further 30 days. Express Freighters Australia (Operations) Pty Ltd did not oppose the application.

The Deputy President of the FWC, Hampton, concluded that the requirements of section 459(3) were indeed met, as the union had applied for the extension and the period had not previously been extended. Consequently, the Deputy President ruled in favour of the application, granting the requested extension. The order, which came into effect from 24 July 2025, extended the 30-day period for the commencement of industrial action by eligible employees who were subject to the ballot and are employed by the employer, by a further 30 days.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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