v Kinetic (Melbourne) Pty Ltd & KOCM 3 Pty Ltd Summary

[2025] FWC 2069

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

Transport Workers' Union of Australia

Kinetic (Melbourne) Pty Ltd & KOCM 3 Pty Ltd

(B2025/1127)

DEPUTY PRESIDENT HAMPTON

MELBOURNE, 17 JULY 2025

Application to extend the 30 day period in relation to B2025/883.

This matter concerns the declaration of the result of a protected action ballot PR787881 held in matter B2025/883 and declared on 20 June 2025.

The Transport Workers' 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.

Kinetic (Melbourne) Pty Ltd and KOCM 3 Pty Ltd have 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 19 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Transport Workers' Union of Australia has applied to the Fair Work Commission to extend the 30-day period in which industrial action is authorised by a protected action ballot. The application pertains to the result of a ballot declared on 20 June 2025, related to matter B2025/883, and involves the employers Kinetic (Melbourne) Pty Ltd and KOCM 3 Pty Ltd. The Union seeks an extension of the 30-day period under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the period by up to an additional 30 days if certain conditions are met. The employers have not raised any objections to the application.

The primary legal issue before the court was whether the requirements of section 459(3) of the Fair Work Act 2009 were satisfied, thus justifying the extension of the 30-day period for the commencement of protected industrial action. The Act stipulates that an extension can be granted if the applicant for the protected action ballot order applies for the extension and if the period has not already been extended. The Union's application met these conditions, and the employers did not object to the extension. The court needed to determine if these conditions justified the extension.

The Deputy President of the Fair Work Commission, Hampton, found that the Union's application fulfilled the requirements of section 459(3) of the Fair Work Act. Since the Union had applied for the extension and the period had not been previously extended, the Deputy President was satisfied that the application should be granted. Consequently, the 30-day period for the commencement of protected industrial action was extended by an additional 30 days, effective from 19 July 2025. The employers' lack of objection further supported the granting of the application.

v Kinetic (Melbourne) Pty Ltd & KOCM 3 Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established