v Wingham Beef Exports Pty Limited

[2025] FWC 2340

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

Construction, Forestry and Maritime Employees Union

Wingham Beef Exports Pty Limited

(B2025/1256)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 AUGUST 2025

Application to extend the 30 day period in relation to B2025/924.

This matter concerns the declaration of the result of a protected action ballot PR788201 held in matter B2025/924 and declared on 27 June 2025.

The Construction, Forestry and Maritime Employees 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.

Wingham Beef Exports 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 11 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union has applied to the Fair Work Commission to extend the period for which industrial action is authorised by a protected action ballot. The application was made in relation to Wingham Beef Exports Pty Limited and was made pursuant to section 459 of the Fair Work Act 2009. The Commission was required to determine whether the application should be granted and, if so, for how long the extension should be. The key issue was whether the application satisfied the requirements of the Act to allow for an extension of the period for which industrial action is authorised. The Union argued that each of the relevant requirements had been met and that the period should be extended by a further 30 days from the expiry of the original 30 days. Wingham Beef Exports Pty Limited did not advise the Commission of any objection to this application.

The Deputy President found that the requirements of the Act had been met and that the application should be granted. The Deputy President noted that the application had been made by an applicant for the protected action ballot order and that the period had not previously been extended. The Deputy President was satisfied that the Union had met the requirements of the Act and that the application should be granted. The Deputy President ordered 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. The order operated from 11 August 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established