v PFD Food Services Pty Ltd Summary

[2025] FWC 2900

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

PFD Food Services Pty Ltd

(B2025/1520)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 1 OCTOBER 2025

Application to extend the 30 day period in relation to B2025/1276.

This matter concerns the declaration of the result of a protected action ballot PR790770 held in matter B2025/1276 and declared on 29 August 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 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 1 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the United Workers' Union, which had applied to the Fair Work Commission for an extension of the 30-day period during which industrial action could be authorised by a protected action ballot. The application related to a ballot held in matter B2025/1276, which had been declared on 29 August 2025. The respondent, PFD Food Services Pty Ltd, had not objected to the application. The Deputy President, Wright, was responsible for making the decision.

The legal issue before the court was whether the application for an extension of the 30-day period should be granted, in accordance with section 459(3) of the Fair Work Act 2009. This section allows for the extension of the period if certain conditions are met, including that the period has not previously been extended. The Union argued that all the requirements of the Act had been met and that the extension should be granted.

In making the decision, the Deputy President considered the requirements of the Act and the evidence presented by the Union. The Deputy President was satisfied that the requirements had been met and that the application should be granted. The Deputy President noted that the respondent had not objected to the application.

The Deputy President granted the application for an extension of the 30-day period, in accordance with section 459(3) of the Fair Work Act 2009. The order extended the period by a further 30 days from the expiry of the original 30 days, with the extension to operate from 1 October 2025.

v PFD Food Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established