v Flinders Adelaide Container Terminal Pty Ltd

[2025] FWC 1947

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

Flinders Adelaide Container Terminal Pty Ltd

(B2025/1098)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 JULY 2025

Application to extend the 30 day period in relation to B2025/897.

This matter concerns the declaration of the result of a protected action ballot PR787972 held in matter B2025/897 and declared on 30 June 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.

Flinders Adelaide Container Terminal 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 30 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission to extend the 30-day period during which industrial action could be authorised by a protected action ballot. This application was in relation to the result of ballot PR787972, declared on 30 June 2025. The employer, Flinders Adelaide Container Terminal Pty Ltd, did not oppose the application. The dispute concerned the extension of the period for initiating protected industrial action, as permitted by section 459(3) of the Fair Work Act 2009.

The court was required to determine whether the union's application met the criteria outlined in the Act for extending the 30-day period. Specifically, the court needed to confirm that the union had applied for an extension, and that the period had not been extended previously. The union argued that both conditions were satisfied and that the extension should be granted.

The Deputy President was satisfied that the union had met the requirements for an extension under section 459(3) of the Act. The employer's lack of objection further supported the application. Therefore, the court granted the application, ordering that the 30-day period for the commencement of protected industrial action be extended by a further 30 days. This extension would take effect from 30 July 2025.

Pursuant to section 459(3) of the Fair Work Act 2009, 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 is extended by a further 30 days. This order will operate from 30 July 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established