v UGL Solutions Pty Ltd Summary

[2025] FWC 2939

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 Solutions Pty Ltd

(B2025/1534)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 2 OCTOBER 2025

Application to extend the 30 day period in relation to B2025/1302.

This matter concerns the declaration of the result of a protected action ballot PR790811 held in matter B2025/1302 and declared on 2 September 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.

UGL Solutions 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 2 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider 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 employer, UGL Solutions Pty Ltd, did not object to the application. The decision focused on whether the statutory requirements for extending the period were met under section 459(3) of the Fair Work Act 2009.

The court had to determine if the application met the statutory requirements set out in section 459(3) of the Fair Work Act 2009. Specifically, it needed to be established whether the applicant had applied for the extension and whether the period had not already been extended previously. The applicant argued that both conditions were satisfied and that the period should be extended by a further 30 days. UGL Solutions Pty Ltd did not present any objections to the application.

The Deputy President found that the requirements of the Act were satisfied. Given that the applicant had applied for the extension and the period had not previously been extended, the Deputy President was satisfied that the statutory conditions were met. Consequently, the application to extend the 30-day period was granted. The order extended the period by an additional 30 days, starting from 2 October 2025.

v UGL Solutions Pty Ltd

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