v GPC Asia Pacific Pty Ltd

[2025] FWC 2734

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

GPC Asia Pacific Pty Ltd

(B2025/1427)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 12 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1204.

This matter concerns the declaration of the result of a protected action ballot PR790182 held in matter B2025/1204 and declared on 15 August 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 from the expiry of the original 30 days.

GPC Asia Pacific Pty Ltd has advised the Commission that they do not 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 s.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 14 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide whether to extend a period for industrial action by the United Workers' Union against GPC Asia Pacific Pty Ltd. The Commission was asked to decide under section 459(3) of the Fair Work Act 2009 whether to extend the 30-day period in which industrial action is authorised by the relevant protected action ballot. The Union sought an extension on the basis that they had met the requirements of the Act, and the employer did not object.

The legal issue for the Commission was to determine whether the application met the statutory requirements for extending the period of authorised industrial action. Specifically, the Commission needed to consider whether the Union had applied for the extension within the required timeframe, and whether the period had not been previously extended. The Commission also had to consider the employer's lack of objection to the application.

The Commission found that the application met the statutory requirements for extending the period of authorised industrial action. The Union had applied for the extension within the required timeframe, and the period had not been previously extended. The employer's lack of objection further supported the granting of the application. The Commission was satisfied that the Union had met the requirements of the Act, and the application should be granted.

Accordingly, the Commission ordered 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. The order will operate from 14 September 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established