v Robert Bosch (Australia) Pty Ltd Summary

[2025] FWC 340

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

Robert Bosch (Australia) Pty Ltd

(B2025/209)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 6 FEBRUARY 2025

Application to extend the 30 day period in relation to B2024/1654

This matter concerns the declaration of the result of a protected action ballot PR782615 held in matter B2024/1654 and declared on 10 January 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.

Robert Bosch (Australia) 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 8 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the authorised period for protected industrial action, as outlined in section 459 of the Fair Work Act 2009. This application arose from a protected action ballot held and declared on 10 January 2025, relating to matter B2024/1654. The employer, Robert Bosch (Australia) Pty Ltd, did not object to the application.

The key legal issue was whether the conditions specified in section 459(3) of the Fair Work Act 2009 were satisfied, which would allow the Commission to extend the 30-day period for protected industrial action. These conditions included that the applicant for the ballot had applied to extend the period and that the period had not previously been extended. The union argued that all requirements were met and requested an extension of an additional 30 days.

The Deputy President concluded that the requirements of the Act had indeed been met and that the application should be granted. The employer's lack of objection further supported the decision. Consequently, the 30-day period for the commencement of protected industrial action was extended by an additional 30 days, effective from 8 February 2025.

v Robert Bosch (Australia) Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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