United Workers' Union v Crown Melbourne Ltd
Deputy President Hampton
Not yet cited by other cases
Applicant: United Workers' Union
Respondent: Crown Melbourne Ltd
Ratio
An application to extend the 30-day period for commencing protected industrial action under s.459(3) of the Fair Work Act 2009 was granted where the statutory conditions were met (prior application made by the protected action ballot applicant, period not previously extended) and the respondent did not object.
Outcome
For applicant
granted
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 5
- Protected action ballot PR794611 declared 23 December 2025
- Application to extend the 30-day period made by United Workers' Union
- Crown Melbourne Ltd did not object to the extension
- Extension sought by a further 30 days
- Order to operate from 22 January 2026
Factors
For
- The statutory requirements of s.459(3) were met
- The period had not previously been extended
- The respondent employer raised no objection
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s459(3)
Concept tags · 2
Archived text (312 words)
1 Fair Work Act 2009 s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot United Workers' Union v Crown Melbourne Ltd (B2026/15) DEPUTY PRESIDENT HAMPTON ADELAIDE, 16 JANUARY 2026 Application to extend the 30 day period in relation to B2025/1794. [1] This matter concerns the declaration of the result of a protected action ballot PR794611 held in matter B2025/1794 and declared on 23 December 2025. [2] The United 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. [3] 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.” [4] 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. [5] Crown Melbourne Ltd has advised the Commission it has no objection to this application. [6] I am satisfied that the relevant requirements of the Act have been met and that the application should be granted. [7] 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. [2026] FWC 165 DECISION [2026] FWC 165 2 [8] This order will operate on and from 22 January 2026. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR795946>