v Re.Cycle (Sunshine Coast) Pty Ltd Summary

[2025] FWC 2593

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

Re.Cycle (Sunshine Coast) Pty Ltd

(B2025/1374)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1141.

This matter concerns the declaration of the result of a protected action ballot PR789742 held in matter B2025/1141 and declared on 7 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.

Re.Cycle (Sunshine Coast) Pty Ltd has advised the Commission it has no 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 6 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Transport Workers' Union of Australia v Re.Cycle (Sunshine Coast) Pty Ltd, the Fair Work Commission was tasked with considering an application by the Transport Workers' Union of Australia to extend the 30-day period during which industrial action could be authorised by a protected action ballot. The application related to the declaration of the result of a protected action ballot held and declared on 7 August 2025. The employer, Re.Cycle (Sunshine Coast) Pty Ltd, had no objections to the application, which sought an extension of the period under section 459(3) of the Fair Work Act 2009.

The legal issue before the Deputy President was whether the application satisfied the statutory requirements for extending the period during which protected industrial action could be authorised. The Act allows the Fair Work Commission to extend the 30-day period by up to 30 days if the applicant for the protected action ballot order applies to the Commission for the extension and if the period has not already been extended. The Transport Workers' Union of Australia argued that the statutory conditions had been met and that the period should be extended by a further 30 days.

The Deputy President found that the application met the statutory requirements for an extension. Given that the employer had no objections, and that the period had not been previously extended, the Deputy President was satisfied that the application should be granted. Consequently, the Fair Work Commission ordered 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, effective from 6 September 2025.

v Re.Cycle (Sunshine Coast) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established