v Gladstone Ports Corporation Limited Summary

[2025] FWC 64

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

Gladstone Ports Corporation Limited

(B2025/12)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1500.

This matter concerns the declaration of the result of a protected action ballot PR781574 held in matter B2024/1500 and declared on 10 December 2024.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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.

Gladstone Ports Corporation Limited 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 8 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission dealt with an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period during which industrial action was authorised by a protected action ballot. The application was in relation to a ballot held in matter B2024/1500, the result of which was declared on 10 December 2024. The respondent, Gladstone Ports Corporation Limited, did not object to the application.

The legal issue before the Commission was whether the application met the requirements of section 459(3) of the Fair Work Act 2009. This section allows for an extension of the 30-day period if certain conditions are fulfilled: the applicant must be the one who applied for the protected action ballot order, and the period must not have been extended previously. The Union argued that both conditions were met and that the period should be extended by an additional 30 days.

The Deputy President concluded that the requirements of the Act were indeed met. Gladstone Ports Corporation Limited did not oppose the application. Consequently, the Deputy President granted the application and ordered that the 30-day period for the commencement of protected industrial action for eligible employees be extended by a further 30 days, effective from 8 January 2025.

v Gladstone Ports Corporation Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established