v Nestle Australia Limited Summary

[2025] FWC 709

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

(B2025/460)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 12 MARCH 2025

Application to extend the 30 day period in relation to B2025/198.

This matter concerns the declaration of the result of a protected action ballot PR783873 held in matter B2025/198 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

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has applied to the Fair Work Commission (FWC) to extend the 30-day period during which industrial action may be authorised by a protected action ballot. The application pertains to a ballot conducted in matter B2025/198, which was declared on 14 February 2025. The applicant seeks an extension under section 459(3) of the Fair Work Act 2009 (Act), which allows for an extension of up to 30 days if certain conditions are met. Nestle Australia Limited has not opposed the application.

The legal issues before the Commission were whether the conditions set out in section 459(3) of the Act were satisfied and whether the 30-day extension should be granted. The applicant argued that all necessary criteria were fulfilled, and the period should be extended by a further 30 days. The Deputy President Hampton was required to determine whether the application met the statutory requirements and whether it was appropriate to grant the extension.

Upon reviewing the application and considering the lack of opposition from Nestle Australia Limited, Deputy President Hampton found that the requirements of section 459(3) were indeed met. Consequently, the Deputy President granted the application, extending the 30-day period by a further 30 days, effective from 15 March 2025. This decision allows eligible employees who were part of the ballot to continue to be authorised for industrial action for an additional month.

The final order issued by the Deputy President was 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 Nestle Australia Limited be extended by a further 30 days, starting from 15 March 2025.

v Nestle Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established