v UGL Engineering Pty Limited

[2025] FWC 1141

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

UGL Engineering Pty Limited

(B2025/643)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 APRIL 2025

Application to extend the 30 day period in relation to B2025/471.

This matter concerns the declaration of the result of a protected action ballot PR785193 held in matter B2025/471 and declared on 28 March 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.

The UGL Engineering Pty 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 27 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has considered an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking to extend the 30-day period in which industrial action is authorised by a protected action ballot. This application arises from a previously declared ballot result on 28 March 2025, in relation to matter B2025/471, involving UGL Engineering Pty Limited. The application contends that the statutory requirements for extending the period have been met and that an extension is warranted.

The legal issue before the Commission was whether the application met the criteria stipulated in section 459(3) of the Fair Work Act 2009. This section permits the Fair Work Commission to extend the 30-day period for protected industrial action by an additional 30 days if the applicant requests such an extension and if the period has not already been extended previously. The Union argued that it had fulfilled all necessary conditions, while UGL Engineering Pty Limited did not object to the application.

The Deputy President Hampton reviewed the application and found that all requirements under section 459(3) of the Act were indeed met. The application for the extension was made by the Union, and the period had not been previously extended. Given this, the Deputy President was satisfied that the application should be granted. Consequently, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 27 April 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established