v Origin Energy Eraring Services Pty Limited T/A Origin Energy Summary

[2025] FWC 470

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

Origin Energy Eraring Services Pty Limited T/A Origin Energy

(B2025/256)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 17 FEBRUARY 2025

Application to extend the 30 day period in relation to B2025/163.

This matter concerns the declaration of the result of the ballot in a protected action ballot order PR783732 (PABO) held in matter B2025/163 and declared on 12 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.

The Origin Energy Eraring Services Pty Limited T/A Origin Energy 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.

I observe that the PABO and the associated conditions will continue to apply.

This order will operate on and from 13 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant in this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied to the Fair Work Commission to extend the 30-day period in which industrial action is authorised by a protected action ballot. The dispute involves the employer, Origin Energy Eraring Services Pty Limited T/A Origin Energy. The application sought to extend the authorisation period for industrial action by an additional 30 days, as permitted under section 459(3) of the Fair Work Act 2009. The employer has indicated no objection to the application. The application was made in relation to a protected action ballot order (PABO) declared on 12 February 2025 in matter B2025/163.

The legal issue before the Commission was whether the application met the statutory requirements for an extension of the 30-day period for protected industrial action. Section 459(3) of the Fair Work Act 2009 permits an extension of this period if the applicant for the protected action ballot order applies for the extension and if the period has not previously been extended. The Commission needed to determine whether these conditions were satisfied and whether the extension was justified under the circumstances.

The Commission found that the requirements of the Act were met. The application was made by the applicant for the protected action ballot order and the 30-day period had not been previously extended. Given these findings, the Commission was satisfied that the application should be granted. The Deputy President Hampton ordered that the 30-day period for the commencement of protected industrial action for eligible employees subject to the ballot and employed by the employer be extended by a further 30 days. The order will take effect from 13 March 2025. The conditions of the PABO and associated PABO will continue to apply.

v Origin Energy Eraring Services Pty Limited T/A Origin Energy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established