v Nepean Power Pty Ltd Summary

[2025] FWC 2757

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

Nepean Power Pty Ltd

(B2025/1442)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1209.

This matter concerns the declaration of the result of a protected action ballot PR790207 held in matter B2025/1209 and declared on 15 August 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.

Nepean Power 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 15 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia seeking an extension of the 30-day period during which industrial action was authorised by a protected action ballot held in relation to their dispute with Nepean Power Pty Ltd. The matter was heard by Deputy President Hampton in Adelaide on 15 September 2025.

The primary legal issue before the Commission was whether the statutory requirements for extending the 30-day period for protected industrial action, as set out in section 459(3) of the Fair Work Act 2009, had been satisfied. The applicant contended that the application was made within the timeframe and that the period had not previously been extended. Nepean Power Pty Ltd did not object to the application.

In reaching its decision, the Commission considered the statutory provisions and found that the application met the requirements for an extension. The Commission noted that no objections had been raised by the employer, and therefore determined that the 30-day period should be extended by a further 30 days from the expiry of the original period.

As a result, the Fair Work Commission granted the application and ordered that the 30-day period for the commencement of protected industrial action for eligible employees employed by Nepean Power Pty Ltd be extended by a further 30 days from 15 September 2025.

v Nepean Power Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established