v SC Hydro Pty Ltd Summary

[2025] FWC 1733

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

(B2025/934)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 JUNE 2025

Application to extend the 30 day period in relation to B2025/665

This matter concerns the declaration of the result of a protected action ballot PR786460 held in matter B2025/665 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 19 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CF&MEU) has sought an extension of the 30-day period during which industrial action is authorised by a protected action ballot in relation to SC Hydro Pty Ltd. This matter was heard by the Fair Work Commission under the Fair Work Act 2009, specifically section 459(3), which allows for an extension of the 30-day period if certain conditions are met. The Commission was asked to consider an application by the CF&MEU to extend the period from the original 30 days, as authorised by the protected action ballot declared on 14 May 2025.

The legal issues before the Commission involved determining whether the CF&MEU's application met the statutory requirements set out in section 459(3) of the Fair Work Act 2009. These requirements include an application from the applicant for the protected action ballot order and the condition that the period has not previously been extended. Additionally, the Commission had to consider whether SC Hydro Pty Ltd had any objections to the extension.

The Deputy President Hampton found that the CF&MEU's application fulfilled the requirements under section 459(3) of the Act. SC Hydro Pty Ltd did not object to the application, and there was no indication that the 30-day period had been extended previously. The Deputy President concluded that the extension should be granted, as the application met the statutory criteria and there were no objections from the employer.

Pursuant to section 459(3) of the Fair Work Act 2009, the Deputy President 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 SC Hydro Pty Ltd be extended by a further 30 days. This order became effective from 19 June 2025.

v SC Hydro Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established