v Graincorp Operations Limited

[2025] FWC 2954

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

and
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Graincorp Operations Limited

(B2025/1538)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 3 OCTOBER 2025

Application to extend the 30 day period in relation to B2025/1313.

This matter concerns the declaration of the result of a protected action ballot PR790831 held in matter B2025/1313 and declared on 4 September 2025.

The Construction, Forestry and Maritime Employees Union (CFMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have 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.

Graincorp Operations Limited has advised the Commission that they do not object 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 4 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to the Fair Work Commission to extend the 30-day period during which industrial action is authorised by a protected action ballot. This application was in relation to a ballot held and declared on 4 September 2025, for employees of Graincorp Operations Limited. The unions argued that the period should be extended by a further 30 days, citing the provisions of section 459(3) of the Fair Work Act 2009, which allows for such an extension if certain conditions are met.

The court was required to determine whether the unions' application met the statutory requirements for an extension under section 459(3) of the Fair Work Act. Specifically, the court needed to confirm that the unions had applied for the extension, and that the period had not previously been extended. Graincorp Operations Limited did not oppose the application. The court considered the evidence and found that all requirements were indeed satisfied, leading to the conclusion that the application should be granted.

Deputy President Wright ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days. This order took effect from 4 October 2025. The decision was made based on the unions' compliance with the statutory conditions and the lack of opposition from Graincorp Operations Limited. The extension allows the unions to continue to negotiate with the employer within the newly extended timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established