v Helensburgh Coal Pty Ltd Summary

[2025] FWC 1975

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

Mining and Energy Union

Helensburgh Coal Pty Ltd

(B2025/1106)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 10 JULY 2025

Application to extend the 30 day period in relation to B2025/825.

This matter concerns the declaration of the result of a protected action ballot PR787738 held in matter B2025/825 and declared on 7 June 2025.

The Mining and Energy 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.

Helensburgh Coal Pty Ltd has not advised the Commission of any 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 10 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Mining and Energy Union sought to extend the 30-day period in which industrial action could be authorised by a protected action ballot under section 459(3) of the Fair Work Act 2009. This application was made against Helensburgh Coal Pty Ltd, following the declaration of the results of a protected action ballot, PR787738, held on 7 June 2025. The Union argued that the 30-day period should be extended by a further 30 days, as allowed by the Act, and that all necessary conditions had been met. Helensburgh Coal Pty Ltd did not object to the application.

The legal issue before the Court was whether the application met the statutory requirements for an extension of the 30-day period for protected industrial action. The Union argued that the application was valid and that the extension should be granted. The Court needed to determine whether the Union's application satisfied the conditions of section 459(3) of the Fair Work Act 2009, specifically that the 30-day period had not previously been extended and that the application was made by an applicant for the protected action ballot order.

The Court found that the application met all the necessary statutory requirements. The Union was the applicant for the protected action ballot order and had applied for the period to be extended within the timeframe provided by the Act. Additionally, the period had not previously been extended. Consequently, the Court was satisfied that the application should be granted. The Court made an order extending the 30-day period for the commencement of protected industrial action by a further 30 days, effective from 10 July 2025.

v Helensburgh Coal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established