v Vertech Group Pty Ltd

[2025] FWC 1351

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

Vertech Group Pty Ltd

(B2025/776)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 MAY 2025

Application to extend the 30 day period in relation to B2025/571.

This matter concerns the declaration of the result of a protected action ballot PR785806 held in matter B2025/571 and declared on 17 April 2025.

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.

Vertech Group 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 16 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union filed an application with the Fair Work Commission to extend the 30-day period during which industrial action could be authorized by a protected action ballot. The application pertains to the outcome of a ballot, PR785806, declared on April 17, 2025, in relation to matter B2025/571. The respondent, Vertech Group Pty Ltd, did not object to the application. The legal issue before the court was whether the requirements under section 459(3) of the Fair Work Act 2009 were met to allow for an extension of the 30-day period.

The court found that the Australian Workers' Union had fulfilled the criteria for an extension, specifically that an application for the extension had been made to the Commission and that the period had not been extended previously. Given that Vertech Group Pty Ltd had not opposed the application, the Deputy President concluded that the application should be granted. The decision hinged on the satisfaction of the statutory conditions and the absence of any objection from the employer.

Pursuant to section 459(3) of the Fair Work Act 2009, the Deputy President Hampton ordered that the 30-day period for the commencement of protected industrial action for eligible employees subject to the ballot and employed by Vertech Group Pty Ltd be extended by a further 30 days. This extension took effect from May 16, 2025. The order was made in light of the application's compliance with the legislative requirements and the lack of opposition from the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established