v Teekay Shipping (Australia) Pty Ltd Summary

[2025] FWC 2585

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

Australian Institute of Marine and Power Engineers

Teekay Shipping (Australia) Pty Ltd

(B2025/1371)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1168.

This matter concerns the declaration of the result of a protected action ballot PR789945 held in matter B2025/1168 and declared on 4 August 2025.

The Australian Institute of Marine and Power Engineers 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.

Teekay Shipping (Australia) Pty Ltd has advised the Commission it has no 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 3 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Institute of Marine and Power Engineers filed an application with the Fair Work Commission under section 459 of the Fair Work Act 2009, seeking an extension of the 30-day period during which industrial action could be authorised by a protected action ballot. The specific ballot in question, PR789945, was declared on 4 August 2025 in the matter B2025/1168. The respondent, Teekay Shipping (Australia) Pty Ltd, did not object to the application, which aimed to extend the authorisation period by an additional 30 days from the original expiry date.

The legal issue before the Commission was whether the application met the statutory requirements for an extension under section 459(3) of the Act. This section allows for an extension if an applicant applies to the Commission and if the period has not already been extended. The applicant argued that all conditions were satisfied, and thus the period should be extended by a further 30 days. The Deputy President, Hampton, examined the application and found that the requirements were indeed met, leading to the decision to grant the extension.

In reaching the decision, the Deputy President noted that the application for the extension was made by the applicant, and the 30-day period had not previously been extended. Given Teekay Shipping's lack of objection, the Deputy President concluded that the application should be approved. Consequently, the 30-day period for the commencement of protected industrial action for eligible employees was extended by a further 30 days, starting from 3 September 2025. This decision was made in accordance with section 459(3) of the Fair Work Act 2009.

v Teekay Shipping (Australia) Pty Ltd

CaseChat Overview and Summary

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