v McCain Foods (Aust) Pty Ltd

[2025] FWC 2247

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

McCain Foods (Aust) Pty Ltd

(B2025/1227)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 1 AUGUST 2025

Application to extend the 30 day period in relation to B2025/1066.

This matter concerns the declaration of the result of a protected action ballot PR788737 held in matter B2025/1066 and declared on 14 July 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.

McCain Foods (Aust) Pty Ltd 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 13 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) to extend the 30-day period in which industrial action is authorised by a protected action ballot. The ballot in question, PR788737, was held in relation to McCain Foods (Aust) Pty Ltd and was declared on 14 July 2025. The Union sought to extend this period under section 459(3) of the Fair Work Act 2009 (the Act), which allows for an extension if certain criteria are met. McCain Foods (Aust) Pty Ltd did not object to the application.

The legal issue before the Commission was whether the Union's application met the statutory requirements for an extension under section 459(3) of the Act. Specifically, the Commission had to determine whether the Union had applied for the extension within the prescribed time and whether the period had not previously been extended. The Union argued that both conditions were satisfied and that the period should be extended by a further 30 days.

In considering the application, the Commission noted that the Union had indeed applied for the extension and that there was no record of the period having been extended previously. The Commission was satisfied that the application complied with the statutory requirements. Consequently, the Deputy President granted the Union's application and ordered that the 30-day period for the commencement of protected industrial action be extended by an additional 30 days, effective from 13 August 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established