v Royal Society for the Prevention of Cruelty to Animals (South Australia) Limited T/A RSPCA (SA)

[2025] FWC 2949

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

Royal Society for the Prevention of Cruelty to Animals (South Australia) Limited T/A RSPCA (SA)

(B2025/1536)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 2 OCTOBER 2025

Application to extend the 30 day period in relation to B2025/1316.

This matter concerns the declaration of the result of a protected action ballot PR790916 held in matter B2025/1316 and declared on 4 September 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.

Royal Society for the Prevention of Cruelty to Animals (South Australia) Limited trading as RSPCA (SA) 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 4 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the United Workers' Union to extend the period for protected industrial action authorised by a protected action ballot. The applicant sought to extend the 30-day period specified in section 459(1)(d)(i) of the Fair Work Act 2009 by an additional 30 days, as permitted under section 459(3) of the Act. The application related to a ballot held and declared on 4 September 2025, concerning employees of the Royal Society for the Prevention of Cruelty to Animals (South Australia) Limited, trading as RSPCA (SA). The employer did not object to the application.

The central legal issue for the Commission was whether the application met the criteria outlined in section 459(3) of the Fair Work Act. Specifically, the Commission needed to determine if the applicant had applied for an extension and if the 30-day period had not already been extended. Given that the employer had not raised any objections, the Commission considered whether the requirements were satisfied and if the extension was warranted.

Upon reviewing the application and the relevant provisions of the Act, the Deputy President concluded that the applicant had met all the necessary criteria for an extension. The application was made by the appropriate party, and there was no indication that the period had been previously extended. Consequently, the Deputy President determined that the application should be granted, and the 30-day period was extended by an additional 30 days. This extension was set to commence from 4 October 2025, allowing for a total period of 60 days from the declaration of the ballot result.

The Fair Work Commission ordered that the 30-day period for the commencement of protected industrial action be extended by an additional 30 days. This extension took effect from 4 October 2025, thereby permitting industrial action by eligible employees for a total of 60 days from the date the ballot was declared. This decision was made in accordance with section 459(3) of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established