v Iplex Pipelines Australia Pty Ltd

[2025] FWC 1465

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

Iplex Pipelines Australia Pty Ltd

(B2025/830)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 28 MAY 2025

Application to extend the 30 day period in relation to B2025/608.

This matter concerns the declaration of the result of a protected action ballot PR785939 held in matter B2025/608 and declared on 29 April 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.

Iplex Pipelines Australia 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 28 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union applied to the Fair Work Commission to extend the 30-day period in which industrial action is authorised by a protected action ballot held in relation to Iplex Pipelines Australia Pty Ltd. This application followed the declaration of the result of a protected action ballot, PR785939, held in matter B2025/608 and declared on 29 April 2025. The Union sought to extend the 30-day period under section 459(3) of the Fair Work Act 2009, which permits the Fair Work Commission to extend this period by up to 30 days if the applicant for the protected action ballot order applies for the extension and if the period has not previously been extended. Iplex Pipelines Australia Pty Ltd did not object to the application.

The legal issue before the Commission was whether the requirements of section 459(3) of the Fair Work Act had been met to warrant an extension of the 30-day period. The Union argued that it had applied for the extension within the timeframe required by the Act and that the period had not been extended previously. Iplex Pipelines Australia Pty Ltd did not oppose the application. The Deputy President found that the Union had satisfied the conditions of the Act, thereby justifying the extension of the 30-day period.

In light of the application meeting the statutory criteria, the Deputy President ordered the extension of the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by Iplex Pipelines Australia Pty Ltd. This extension would commence from 28 May 2025, adding an additional 30 days to the original period. This decision was made pursuant to section 459(3) of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established