v Queensland Breweries Pty Ltd Summary

[2025] FWC 2540

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

Queensland Breweries Pty Ltd

(B2025/1347)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 29 AUGUST 2025

Application to extend the 30 day period in relation to B2025/1147.

This matter concerns the declaration of the result of a protected action ballot PR789748 held in matter B2025/1147 and declared on 31 July 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.

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 matter before the Fair Work Commission involves an application by the United Workers' Union for an extension of the 30-day period during which industrial action is authorised by a protected action ballot. The ballot, identified as PR789748, was declared on 31 July 2025 in the context of the case B2025/1147. Queensland Breweries Pty Ltd is the employer involved in this dispute. The Commission was tasked with determining whether the statutory requirements for extending the 30-day period under section 459(3) of the Fair Work Act 2009 were met.

The primary legal issue the Commission had to address was whether the conditions outlined in section 459(3) of the Fair Work Act had been satisfied by the Union's application. The Act permits an extension of the 30-day period if the applicant for the protected action ballot applies to the Commission for such an extension and if the period has not previously been extended. The Union argued that all the requirements were fulfilled, and thus the period should be extended by a further 30 days from the expiry of the original 30-day period. Queensland Breweries Pty Ltd did not oppose the application.

The Deputy President Hampton of the Commission concluded that the Union had met the statutory requirements for an extension under section 459(3) of the Fair Work Act. Given that no objections were raised by Queensland Breweries Pty Ltd, the Deputy President granted the application. The Commission ordered that the 30-day period for the commencement of protected industrial action by eligible employees who were subject to the ballot and are employed by Queensland Breweries Pty Ltd 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