v Schindler Lifts Australia Pty Ltd Summary

[2025] FWC 2519

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

Schindler Lifts Australia Pty Ltd

(B2025/1345)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 27 AUGUST 2025

Application to extend the 30 day period in relation to B2025/1107.

This matter concerns the declaration of the result of a protected action ballot PR789083 held in matter B2025/1107 and declared on 24 July 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.

Schindler Lifts Australia 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 27 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved 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 was authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009. The employer, Schindler Lifts Australia Pty Ltd, did not object to the application. The ballot in question, PR789083, was held in matter B2025/1107 and the result was declared on 24 July 2025.

The primary legal issue was whether the Fair Work Commission could extend the 30-day period as provided for in section 459(3) of the Fair Work Act 2009. The application contended that all the necessary conditions for an extension were met, namely, that the applicant for the protected action ballot order had applied to the Commission for the period to be extended and that the period had not previously been extended. Given that Schindler Lifts Australia Pty Ltd did not object to the application, and the requirements under the Act were met, the Deputy President Hampton was satisfied that the application should be granted.

Consequently, the Fair Work Commission decided to extend the 30-day period by a further 30 days. The extension was granted under section 459(3) of the Fair Work Act 2009 and would take effect from 27 August 2025. This decision allows eligible employees who were subject to the ballot and are employed by Schindler Lifts Australia Pty Ltd to take protected industrial action within the extended period.

v Schindler Lifts Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established