v Ventia Australia Pty Ltd Summary

[2025] FWC 1751

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

Australian Workers' Union

Ventia Australia Pty Ltd

(B2025/956)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 JUNE 2025

Application to extend the 30 day period in relation to B2025/583.

This matter concerns the declaration of the result of a protected action ballot PR785824 held in matter B2025/583 and declared on 20 May 2025.

The The Australian 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.

Ventia Australia Pty Ltd 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 20 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union has applied to the Fair Work Commission to extend the 30-day period in which industrial action is authorised by a protected action ballot held by Ventia Australia Pty Ltd. The application pertains to the extension of the period under section 459(3) of the Fair Work Act 2009. The application was made to the Fair Work Commission by the Australian Workers' Union to extend the 30-day period during which industrial action can be undertaken by employees following a protected action ballot. The Commission must determine whether the requirements under section 459(3) of the Act have been satisfied to warrant an extension of the 30-day period.

The legal issues before the Commission included whether the application met the statutory requirements for an extension and if the period had not already been extended previously. The Australian Workers' Union argued that all necessary conditions for an extension were fulfilled, and the period had not been extended before. Ventia Australia Pty Ltd did not oppose the application. The Commission considered the statutory prerequisites for an extension, the fact that the period had not been extended previously, and the lack of opposition from Ventia Australia Pty Ltd. The Deputy President was satisfied that the requirements for an extension were met.

The Deputy President determined that the application satisfied the statutory requirements for an extension and granted the application. The 30-day period for the commencement of protected industrial action was extended by a further 30 days from the expiry of the original 30 days. This extension took effect from 20 June 2025. The Commission concluded that the application was in accordance with section 459(3) of the Fair Work Act 2009, and the extension was appropriate. The order was made to reflect this decision.

v Ventia Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established