v Otis Elevator Company Pty Ltd Summary

[2025] FWC 2428

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

Otis Elevator Company Pty Ltd

(B2025/1293)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 AUGUST 2025

Application to extend the 30 day period in relation to B2025/1088.

This matter concerns the declaration of the result of a protected action ballot PR788962 held in matter B2025/1088 and declared on 21 July 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 from the expiry of the original 30 days.

Otis Elevator Company Pty Ltd has not advised the Commission of any objection to this application. I observe that the parties agreed that a (continuing) safety undertaking would apply to notices of protected industrial action.

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 19 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) heard an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia seeking an extension to the 30-day period for industrial action authorized by a protected action ballot. The application was in relation to a ballot held for employees of Otis Elevator Company Pty Ltd, which had been declared on 21 July 2025. The Union sought to extend the period under section 459(3) of the Fair Work Act 2009, which allows for an additional 30-day extension if certain conditions are met. Otis Elevator Company Pty Ltd did not object to the application, and the parties had agreed on a continuing safety undertaking for any notices of protected industrial action.

The legal issue before the FWC was whether the requirements of section 459(3) of the Act had been met to allow for the extension of the 30-day period. The Union argued that the application satisfied all the necessary criteria, particularly the condition that the period had not previously been extended. The FWC found that the application met the statutory requirements and that there were no objections from Otis Elevator Company Pty Ltd. The FWC also noted that the parties had agreed on a continuing safety undertaking, which is relevant to the authorization of industrial action.

In granting the application, the FWC considered the statutory provisions and the circumstances of the case. The Deputy President concluded that the Union had met the requirements under section 459(3) of the Act for an extension of the 30-day period. The Deputy President was satisfied that the application should be granted and made the order accordingly. The order extended the 30-day period for the commencement of protected industrial action by a further 30 days from 19 August 2025.

The final order extended the 30-day period for the commencement of protected industrial action authorized by the protected action ballot. This extension was effective from 19 August 2025, allowing eligible employees who were subject to the ballot and employed by Otis Elevator Company Pty Ltd an additional 30 days to commence industrial action. The FWC’s decision was based on the application meeting the statutory requirements and the absence of any objections from the employer.

v Otis Elevator Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established