v KONE Elevators Pty Ltd

[2025] FWC 1934

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

KONE Elevators Pty Ltd

(B2025/1092)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 7 JULY 2025

Application to extend the 30 day period in relation to B2025/863.

This matter concerns the declaration of the result of a protected action ballot PR787783 held in matter B2025/863 and declared on 16 June 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.

KONE Elevators 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 16 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide whether to extend the 30-day period for industrial action following a protected action ballot. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the respondent was KONE Elevators Pty Ltd. The union had held a protected action ballot and sought to extend the 30-day period in which industrial action could be taken by a further 30 days. The union argued that the statutory requirements for extending the period had been met.

The legal issue before the court was whether the union had satisfied the requirements under section 459(3) of the Fair Work Act 2009 for extending the 30-day period for industrial action. The union contended that it had satisfied the requirements, and the employer had not objected. The court considered the statutory provisions and the application, finding that the union had met the requirements for an extension. The employer had not raised any objections to the application.

The Fair Work Commission found that the union had met the statutory requirements for extending the 30-day period. The court noted that the employer had not objected to the application and that the union had demonstrated that the period had not previously been extended. The court held that the application should be granted and ordered that the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and were employed by the employer be extended by a further 30 days. This order will operate from 16 July 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established