v SC Hydro Pty Ltd

[2025] FWC 1362

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

SC Hydro Pty Ltd

(B2025/787)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 MAY 2025

Application to extend the 30 day period in relation to B2025/662.

This matter concerns the declaration of the result of a protected action ballot PR786445 held in matter B2025/662 and declared on 12 May 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 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 10 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to extend the 30-day period during which industrial action could be authorised by a protected action ballot. This application was made under section 459(3) of the Fair Work Act 2009. The matter related to a ballot held and declared on 12 May 2025, with the union seeking an extension to the 30-day period for commencing protected industrial action. SC Hydro Pty Ltd did not object to the application.

The legal issue before the Commission was whether the application met the statutory requirements for extending the 30-day period, specifically if the union had applied to the Commission for the extension and whether the period had not been previously extended. Section 459(3) of the Act specifies these conditions and permits the Commission to extend the period by up to 30 days if both conditions are met. The union argued that both conditions had been satisfied, and the extension should be granted.

The Deputy President was satisfied that the union had met the requirements of section 459(3) of the Act. SC Hydro Pty Ltd had not opposed the application, and there was no indication that the period had been extended before. Therefore, the Deputy President granted the application. The order extended the 30-day period for the commencement of protected industrial action by a further 30 days, effective from 10 June 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established