v InfraBuild Construction Solutions Pty Ltd T/A InfraBuild Mesh Summary

[2025] FWC 2449

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

Australian Workers' Union

v
InfraBuild Construction Solutions Pty Ltd T/A InfraBuild Mesh

(B2025/1298)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 AUGUST 2025

Application to extend the 30 day period in relation to B2025/1093.

This matter concerns the declaration of the result of a protected action ballot PR788977 held in matter B2025/1093 and declared on 21 July 2025.

The Australian Workers' Union (AWU) 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.

InfraBuild Construction Solutions Pty Ltd trading as InfraBuild Mesh has not advised the Commission of any objection to this application but did seek to clarify some issues contained in the application. The AWU subsequently provided an amended application addressing those issues.

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 21 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, presided over by Deputy President Hampton, heard an application from the Australian Workers' Union (AWU) to extend the 30-day period for commencing protected industrial action by employees of InfraBuild Construction Solutions Pty Ltd trading as InfraBuild Mesh. The application was made pursuant to section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met. InfraBuild Mesh did not object to the application but sought clarification on certain issues, which were subsequently addressed in an amended application by the AWU.

The primary legal issue before the Commission was whether the requirements set out in section 459(3) of the Fair Work Act were satisfied, thereby justifying an extension of the 30-day period. The AWU argued that all conditions were fulfilled, including that the period had not been previously extended, and that the application was made by an applicant for the protected action ballot order. InfraBuild Mesh did not contest the application but requested clarification on some aspects, which were adequately addressed by the AWU in their amended application.

After considering the arguments and the statutory provisions, Deputy President Hampton concluded that the requirements for an extension had been met. Consequently, the Commission granted the application, extending the 30-day period by an additional 30 days. The order came into effect on 21 August 2025. The decision ensures that eligible employees who were part of the ballot have an extended period to commence protected industrial action, provided they meet the legal criteria and timelines set by the Fair Work Act.

v InfraBuild Construction Solutions Pty Ltd T/A InfraBuild Mesh

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established