v NOV Australia Pty Ltd

[2025] FWC 642

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

United Workers' Union

NOV Australia Pty Ltd

(B2025/318)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 4 MARCH 2025

Application to extend the 30 day period in relation to B2025/145.

This matter concerns the declaration of the result of a protected action ballot PR783520 held in matter B2025/145 and declared on 6 February 2025.

The United Workers' Union 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.

NOV Australia Pty Ltd has advised the Commission 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 7 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 United Workers' Union to extend the 30-day period during which industrial action is authorised by a protected action ballot held in relation to NOV Australia Pty Ltd. The Commission was asked to decide whether to extend the 30-day period provided by section 459(3) of the Fair Work Act 2009, which allows for an extension if the applicant requests it and the period has not previously been extended. The United Workers' Union sought to extend the period for protected industrial action authorised by the ballot PR783520, which was declared on 6 February 2025. NOV Australia Pty Ltd did not object to the application.

The legal issue before the Commission was whether the application met the criteria set out in section 459(3) of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the applicant had applied for the extension and whether the 30-day period had not been previously extended. The Commission examined the application and the circumstances of the ballot to ascertain if the statutory requirements were satisfied. It was noted that the Union had applied for the extension and that the 30-day period had not been previously extended.

Upon reviewing the application and the circumstances, the Deputy President was satisfied that the United Workers' Union had met the statutory criteria for an extension. The application was made within the required timeframe, and there had been no prior extension of the 30-day period. The Commission found no grounds to deny the application and determined that the extension should be granted. The Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees employed by NOV Australia Pty Ltd be extended by a further 30 days, effective from 7 March 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established