v SC Hydro Pty Ltd

[2025] FWC 1662

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

Construction, Forestry and Maritime Employees Union

SC Hydro Pty Ltd

(B2025/931)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 JUNE 2025

Application to extend the 30 day period in relation to B2025/664.

This matter concerns the declaration of the result of a protected action ballot PR786476 held in matter B2025/664 and declared on 14 May 2025.

The Construction, Forestry and Maritime Employees 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.

SC Hydro 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 16 June 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 Construction, Forestry and Maritime Employees Union to extend the 30-day period in which industrial action is authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009, which allows for an extension of the period by up to 30 days if certain conditions are met. The respondent, SC Hydro Pty Ltd, did not raise any objections to the application. The ballot in question was declared on 14 May 2025, and the union sought an extension of the period from the expiry of the original 30 days.

The legal issues the Commission needed to address included whether the union met the requirements of section 459(3) of the Act, specifically, whether the union had applied for the extension before the period had expired and whether the period had not previously been extended. The Commission found that the union had indeed met these requirements, and there were no objections from the respondent.

In reaching its decision, the Commission examined the relevant provisions of the Act and noted that the union had fulfilled the necessary criteria for an extension. Given that SC Hydro Pty Ltd did not oppose the application, the Commission concluded that the application should be granted. The Deputy President Hampton ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 16 June 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established