v Nestle Australia Limited

[2025] FWC 711

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

Nestle Australia Limited

(B2025/464)

DEPUTY PRESIDENT HAMPTON

MELBOURNE, 12 MARCH 2025

Application to extend the 30 day period in relation to B2025/192.

This matter concerns the declaration of the result of a protected action ballot PR783850 held in matter B2025/192 and declared on 14 February 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.

Nestle Australia Limited 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 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period within which industrial action could be authorised by a protected action ballot. This application followed the declaration of the results of a protected action ballot held in matter B2025/192 and declared on 14 February 2025. The applicant sought to extend the period under section 459(3) of the Fair Work Act 2009, which allows for such an extension if certain conditions are met. The applicant argued that the conditions were satisfied, and no objections were raised by Nestle Australia Limited.

The legal issue before the Commission was whether the application met the criteria set out in section 459(3) of the Act for extending the 30-day period. This required the Commission to determine if an application for the extension had been made to the FWC and if the period had not previously been extended. In this instance, both conditions were met, as the application was timely and the period had not been extended before. The Commission was also required to consider if any other factors warranted the extension of the period.

Upon reviewing the application, the Commission concluded that the conditions for extending the period were indeed satisfied. There was no objection from Nestle Australia Limited, and the statutory requirements were met. The Deputy President was satisfied that the application should be granted, and accordingly, the 30-day period for the commencement of protected industrial action was extended by a further 30 days. This extension took effect from 15 March 2025. The decision was based on the clear fulfilment of the legal criteria and the absence of any objections from the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established