v Queensland Breweries Pty Ltd Summary

[2025] FWC 2515

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

Queensland Breweries Pty Ltd

(B2025/1343)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 27 AUGUST 2025

Application to extend the 30 day period in relation to B2025/1146.

This matter concerns the declaration of the result of a protected action ballot PR789746 held in matter B2025/1146 and declared on 31 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.

Queensland Breweries 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 30 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received 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 within which industrial action can be authorised following a protected action ballot. The application was made in relation to ballot PR789746, which was held in matter B2025/1146 and declared on 31 July 2025. The union's application was made pursuant to section 459(3) of the Fair Work Act 2009, which allows for the extension of the 30-day period by up to 30 days if certain conditions are met. The employer, Queensland Breweries Pty Ltd, did not object to the application.

The central legal issue before the Commission was whether the union had met the requirements of section 459(3) of the Act to extend the 30-day period for the commencement of industrial action. The union argued that it had satisfied all the necessary conditions for an extension, including that the period had not been previously extended. The Commission considered the union's application and found that all the requisite conditions had indeed been met.

In reaching its decision, the Commission noted that section 459(3) of the Act explicitly permits an extension of the 30-day period if the applicant for the protected action ballot order applies for the extension and if the period has not already been extended. The Commission found that the union had fulfilled both conditions. Given that Queensland Breweries Pty Ltd had not opposed the application, the Commission was satisfied that the union's request should be granted. Consequently, the Commission ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 30 August 2025.

v Queensland Breweries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established