v Lion Pty Ltd T/A Stone and Wood Summary

[2025] FWC 1001

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 Stone and Wood

(B2025/615)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 9 APRIL 2025

Application to extend the 30 day period in relation to B2025/257.

This matter concerns the declaration of the result of a protected action ballot PR784441 held in matter B2025/257 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 Stone and Wood 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 9 April 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 for an extension to the 30-day period during which industrial action could be authorised by a protected action ballot. The application followed the declaration of the results of the ballot, PR784441, which was declared on 11 March 2025. The employer, Lion Pty Ltd trading as Stone and Wood, did not object to the application. The Commission was required to decide whether the statutory criteria for extending the period had been met.

The key issue before the Deputy President was whether the application met the requirements of section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are satisfied. The Union argued that all conditions were met, and the period should be extended by an additional 30 days. The employer did not oppose the application.

The Deputy President found that the Union had satisfied all the statutory requirements for an extension. The period had not been previously extended, and the Union had made a timely application to the Commission. The employer's lack of objection further supported the granting of the extension. Consequently, the Deputy President ordered that the 30-day period for commencing protected industrial action be extended by a further 30 days, effective from 9 April 2025.

v Lion Pty Ltd T/A Stone and Wood

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established