v Lion Pty Ltd T/A Castlemaine Perkins

[2025] FWC 1008

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

Lion Pty Ltd T/A Castlemaine Perkins

(B2025/617)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 10 APRIL 2025

Application to extend the 30 day period in relation to B2025/259.

This matter concerns the declaration of the result of a protected action ballot PR784432 held in matter B2025/259 and declared on 11 March 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.

Lion Pty Ltd Trading As Castlemaine Perkins has advised the Commission it has no 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 10 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission dealt with an application from the United Workers' Union to extend the authorised period for industrial action under section 459(3) of the Fair Work Act 2009. The application concerned the outcome of a protected action ballot PR784432, which was declared on 11 March 2025, and sought to extend the 30-day period by another 30 days. Lion Pty Ltd Trading As Castlemaine Perkins, the employer, did not object to the application. The Commission was required to determine whether the application met the statutory criteria and if the extension should be granted.

The primary legal issue was whether the application satisfied the requirements set out in section 459(3) of the Act. The Union argued that it had applied to the Commission for an extension, and the period had not been previously extended. The employer did not oppose the application. The Commission needed to confirm that these conditions were met before granting the extension.

The Deputy President Hampton found that the application met the requirements of the Act. Given that the Union had applied for the extension and the period had not been previously extended, the Commission was satisfied that the application should be granted. As a result, the 30-day period for commencing protected industrial action was extended by another 30 days. The order was made effective from 10 April 2025, allowing the Union to pursue industrial action within the extended timeframe.

CaseChat Overview and Summary

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