v Thales Australia Limited T/A Thales Australia

[2025] FWC 136

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

Thales Australia Limited T/A Thales Australia

(B2025/49)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1652.

This matter concerns the declaration of the result of a protected action ballot PR782590 held in matter B2024/1652 and declared on 6 January 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.

Thales Australia Limited trading as Thales Australia has advised the Commission it does not object 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 4 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) heard an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia against Thales Australia Limited trading as Thales Australia. The union applied to extend the 30-day period within which industrial action could be taken by employees who had participated in a protected action ballot, which was declared on 6 January 2025. The union sought an extension of this period under section 459(3) of the Fair Work Act 2009. Thales Australia did not object to the application. The union argued that the requirements of the Act for such an extension had been met, and that the period should be extended by a further 30 days.

The legal issue before the FWC was whether the union's application to extend the 30-day period for protected industrial action met the criteria set out in section 459(3) of the Act. This required the FWC to consider whether the union had applied for the extension, and whether the period had not previously been extended. The union had made the application and there was no previous extension, which satisfied the statutory requirements. Thales Australia's lack of objection also supported the union's application.

The FWC Deputy President Hampton determined that the union's application satisfied the requirements of section 459(3) of the Act. The Deputy President was satisfied that the union had met the conditions for extending the 30-day period, and that it was appropriate to grant the extension. Consequently, the 30-day period for the commencement of protected industrial action by eligible employees was extended by a further 30 days. This extension would take effect from 4 February 2025.

The FWC granted the union's application and extended the 30-day period for the commencement of protected industrial action by eligible employees who had participated in the ballot. The extension would apply from 4 February 2025, thereby allowing the union and its members additional time to potentially take industrial action in pursuit of their objectives.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established