v LC Dyson's Bus Services Pty Ltd

[2025] FWC 1501

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

LC Dyson’s Bus Services Pty Ltd

(B2025/872)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 JUNE 2025

Application to extend the 30 day period in relation to B2025/501.

This matter concerns the declaration of the result of a protected action ballot PR785485 held in matter B2025/501 and declared on 8 May 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.

LC Dyson’s Bus Services 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 6 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

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. This application follows the declaration of the result of a protected action ballot held in matter B2025/501, which was declared on 8 May 2025. The application seeks an extension of this period under section 459(3) of the Fair Work Act 2009. LC Dyson's Bus Services Pty Ltd has not objected to the application.

The legal issue before the Commission was whether the application met the requirements set out in section 459(3) of the Fair Work Act 2009. Specifically, the Commission had to determine if the applicant for the protected action ballot order had applied for an extension and if the period had not previously been extended. The application argued that both requirements had been satisfied, and thus, the period should be extended by a further 30 days from the expiry of the original 30 days.

In considering the application, the Deputy President was satisfied that the relevant requirements of the Act had been met. LC Dyson's Bus Services Pty Ltd had not raised any objections to the application. Consequently, the Deputy President concluded that the application should be granted. The Deputy President ordered 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 took effect from 6 June 2025.

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