v Wood Australia Pty Ltd Summary

[2025] FWC 1296

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

Wood Australia Pty Ltd

(B2025/771)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 9 MAY 2025

Application to extend the 30-day period in relation to B2025/483.

This matter concerns the declaration of the result of a protected action ballot PR785274 held in matter B2025/483 and declared on 31 March 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.

Wood Australia Pty Ltd has advised the Commission that it does not object 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 9 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") to extend the 30-day period in which industrial action is authorised by a protected action ballot. This was in relation to a ballot held in matter B2025/483 and declared on 31 March 2025. The Union sought to extend this period under section 459(3) of the Fair Work Act 2009. Wood Australia Pty Ltd ("Wood") did not object to the application. The Deputy President, Hampton, was tasked with determining whether the application should be granted.

The primary legal issue was whether the Union's application complied with the requirements of section 459(3) of the Act, specifically whether the 30-day period could be extended by a further 30 days. Section 459(3) of the Act allows for such an extension if the applicant for the protected action ballot order applies to the Fair Work Commission for the period to be extended and if the period has not previously been extended. The Union's application met both of these criteria, and the only task for the Deputy President was to determine whether the application should be granted.

In reaching a decision, the Deputy President considered the requirements of section 459(3) and found that they had been satisfied by the Union's application. The Deputy President noted that Wood did not object to the application and found that there were no grounds to refuse the Union's application. Therefore, the Deputy President concluded that the 30-day period for the commencement of protected industrial action should be extended by a further 30 days. This order was made pursuant to section 459(3) of the Act and would operate from 9 May 2025.

Pursuant to the decision, the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by Wood was extended by a further 30 days, effective from 9 May 2025. This extension was granted in accordance with section 459(3) of the Fair Work Act 2009.

v Wood 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