v Network Turbine Solutions Pty Ltd

[2025] FWC 2136

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

Transport Workers' Union of Australia

Network Turbine Solutions Pty Ltd

(B2025/1171)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 JULY 2025

Application to extend the 30 day period in relation to B2025/903.

This matter concerns the declaration of the result of a protected action ballot PR788048 held in matter B2025/903 and declared on 24 June 2025.

The Transport Workers' 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.

Network Turbine Solutions Pty Ltd has advised the Commission that they do not object 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 23 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Transport Workers' Union of Australia applied to the Fair Work Commission for an extension of the 30-day period during which industrial action could be authorised by a protected action ballot. The application sought to extend the authorisation period under section 459(3) of the Fair Work Act 2009. The employer, Network Turbine Solutions Pty Ltd, did not object to the application. The decision was made by Deputy President Hampton in Adelaide on 22 July 2025.

The central legal issue the Court had to decide was whether the conditions set out in section 459(3) of the Fair Work Act 2009 were satisfied to allow for an extension of the 30-day period for the commencement of protected industrial action. Section 459(3) provides that the Fair Work Commission may extend the 30-day period if the applicant for the protected action ballot applies for an extension and if the period has not already been extended. The Transport Workers' Union of Australia had applied for the extension and the period had not previously been extended.

Deputy President Hampton was satisfied that the requirements of the Act were met. The Transport Workers' Union of Australia had applied for the extension within the time frame provided by the Act, and the 30-day period had not been extended before. Therefore, the Deputy President granted the application. Pursuant to section 459(3) of the Fair Work Act 2009, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, from 23 July 2025.

CaseChat Overview and Summary

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