v Northern Territory of Australia/The Office of the Commissioner for Public Employment

[2025] FWC 2707

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

The Association of Professional Engineers, Scientists and Managers, Australia

Northern Territory of Australia/The Office of the Commissioner for Public Employment

(B2025/1420)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1186.

This matter concerns the declaration of the result of a protected action ballot PR790114 held in matter B2025/1186 and declared on 13 August 2025.

The Association of Professional Engineers, Scientists and Managers, 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.

The Northern Territory of Australia/The Office of the Commissioner for Public Employment advised the Commission that in light of developments in the bargaining, 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 12 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Professional Engineers, Scientists and Managers, Australia lodged an application under section 459(3) of the Fair Work Act 2009 to extend the 30-day period in which industrial action is authorised by the relevant protected action ballot. The ballot, PR790114, was declared on 13 August 2025, and the application seeks to extend this period by a further 30 days. The matter was heard by Deputy President Hampton in Adelaide on 11 September 2025. The Northern Territory of Australia/The Office of the Commissioner for Public Employment did not object to the application due to developments in the bargaining process.

The primary legal issue before the court was whether the application met the statutory requirements for an extension under section 459(3) of the Fair Work Act 2009. The Act allows for an extension of the 30-day period if the applicant for the protected action ballot order applies to the Fair Work Commission for the period to be extended, and if the period has not previously been extended. The applicant argued that both conditions were satisfied and that the extension should be granted. The Commissioner for Public Employment, representing the Northern Territory, did not oppose the application, acknowledging the developments in the bargaining process.

Deputy President Hampton found that the requirements of the Act were met. The applicant had made the application within the prescribed timeframe, and the period had not been extended previously. Given these facts, the Deputy President was satisfied that the application should be granted. Consequently, the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and employed by the employer was extended by a further 30 days from 12 September 2025.

The final orders of the court were that the 30-day period for the commencement of protected industrial action for eligible employees, as declared in ballot PR790114, would be extended by a further 30 days. This extension would commence on 12 September 2025. This decision provided clarity and allowed the bargaining process to continue without the immediate pressure of industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established