v Hydro-Electric Corporation Trading As Hydro Tasmania

[2025] FWC 2842

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

Hydro-Electric Corporation Trading As Hydro Tasmania

(B2025/1488)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 25 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1280.

This matter concerns the declaration of the result of a protected action ballot PR790680 held in matter B2025/1280 and declared on 28 August 2025.

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 from the expiry of the original 30 days.

Hydro-Electric Corporation Trading As Hydro Tasmania 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 27 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia filed an application under section 459(3) of the Fair Work Act 2009, seeking an extension of the 30-day period during which industrial action is authorised by a protected action ballot. The application relates to a ballot held in matter B2025/1280, which was declared on 28 August 2025. Hydro-Electric Corporation Trading As Hydro Tasmania, the employer, has no objections to the application.

The key legal issue before the Commission was whether the application met the requirements set out in section 459(3) of the Act for extending the period during which industrial action is authorised. This section allows for an extension of up to 30 days if certain conditions are fulfilled, including that the period has not previously been extended. The Union argued that all conditions were met, and therefore, the extension should be granted.

The Deputy President found that the requirements of the Act were satisfied, as the application was made by an applicant for the protected action ballot order, and the period had not previously been extended. Given Hydro Tasmania's lack of objection, the Deputy President concluded that the application should be granted and ordered the extension of the 30-day period by a further 30 days, effective from 27 September 2025.

CaseChat Overview and Summary

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Background to the litigation

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