| [2025] FWC 2154 |
| 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
United Workers' Union
v
The Star Entertainment Qld Limited
(B2025/1167)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 23 JULY 2025 |
Application to extend the 30 day period in relation to B2025/918.
This matter concerns the declaration of the result of a protected action ballot PR788157 held in matter B2025/918 and declared on 26 June 2025.
The United Workers' 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.
The Star Entertainment Qld Limited 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 26 July 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR789964>
- AGLC
- v The Star Entertainment Qld Limited [2025] FWC 2154
- Case
- [2025] FWC 2154
- Decision Date
CaseChat Overview and Summary
The primary legal issue for the Commission to determine was whether the Union's application met the statutory requirements for an extension of the protected action period. Specifically, the Commission needed to consider whether the Union had applied for the extension within the prescribed timeframe and whether the period had already been extended previously. The Union argued that both conditions were satisfied, and the Commission found that the application met these requirements.
Deputy President Hampton found that the Union's application satisfied the statutory criteria for an extension. Given that The Star Entertainment Qld Limited had not opposed the application, the Commission concluded that the Union's application should be granted. As a result, the 30-day period for the commencement of protected industrial action for eligible employees was extended by a further 30 days, effective from 26 July 2025.
The Commission issued an order extending 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 Star Entertainment Qld Limited. This extension took effect from 26 July 2025.
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