v PFD Food Services Pty Ltd

[2025] FWC 2899

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

PFD Food Services Pty Ltd

(B2025/1505)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 29 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1275.

This matter concerns the declaration of the result of a protected action ballot PR790769 held in matter B2025/1275 and declared on 29 August 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.

PFD Food Services Pty Ltd has not advised the Commission of any 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 29 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Transport Workers' Union of Australia applied to the Fair Work Commission to extend the 30-day period within which industrial action could be authorised by a protected action ballot. The ballot in question, PR790769, was held in relation to matter B2025/1275 and was declared on 29 August 2025. The application was made under section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met. The primary issue before the Deputy President was whether the requirements of section 459(3) had been satisfied to warrant an extension of the period.

The legal issue for the Deputy President to determine was whether the conditions stipulated in section 459(3) of the Fair Work Act 2009 were met, thus justifying an extension of the 30-day period for the commencement of industrial action. The application was made by the Transport Workers' Union of Australia, and PFD Food Services Pty Ltd did not object to the application. The Deputy President had to consider whether the period had not already been extended and whether the application for the extension was made by an applicant for the protected action ballot order.

The Deputy President found that the application met all the requirements of section 459(3) of the Act. Given that PFD Food Services Pty Ltd had not objected to the application, and the period had not previously been extended, the Deputy President was satisfied that the application should be granted. Consequently, the Deputy President ordered that 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 be extended by a further 30 days, effective from 29 September 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established