v Ventia Australia Pty Limited Summary

[2025] FWC 1901

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

Transport Workers' Union of Australia

Ventia Australia Pty Limited

(B2025/1075)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 3 JULY 2025

Application to extend the 30 day period in relation to B2025/773.

This matter concerns the declaration of the result of a protected action ballot PR787287 held in matter B2025/773 and declared on 27 May 2025.

The Transport Workers' 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.

Ventia Australia Pty Limited 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 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involves the Transport Workers' Union of Australia and Ventia Australia Pty Limited. The Union has applied to the Fair Work Commission for an extension of the 30-day period during which industrial action can be authorized by a protected action ballot, in accordance with section 459(3) of the Fair Work Act 2009. The application pertains to the ballot PR787287, which was declared on 27 May 2025, and seeks to extend the period by an additional 30 days. Ventia Australia Pty Limited has indicated that it does not oppose the application.

The central legal issue before the Commission was whether the application met the statutory criteria for an extension under section 459(3) of the Act. The Union argued that the requirements for an extension were satisfied and requested an additional 30 days beyond the original period. The Commission had to determine if the Union's application complied with the conditions set out in the Act, specifically if the period had not been previously extended and if the Union had applied for the extension.

In assessing the application, the Deputy President considered the statutory provisions and the circumstances of the case. The Deputy President found that the Union had fulfilled the requirements of the Act, and there was no objection from Ventia Australia Pty Limited. Consequently, the Deputy President determined that the 30-day period for the commencement of protected industrial action should be extended by a further 30 days. The decision was made pursuant to section 459(3) of the Fair Work Act 2009, and the extended period would commence from 3 July 2025.

v Ventia Australia Pty Limited

CaseChat Overview and Summary

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Background to the litigation

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