Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Kerry Ingredients Australia Pty Limited
Deputy President Hampton
Not yet cited by other cases
Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Respondent: Kerry Ingredients Australia Pty Limited
Ratio
The FWC granted an application under s.459(3) of the Fair Work Act 2009 to extend the 30-day period for commencement of protected industrial action by a further 30 days, as the statutory requirements were satisfied: the application was timely made by the protected action ballot applicant and the period had not previously been extended.
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 · 4
- Protected action ballot PR796779 was held in matter B2026/94 and declared on 2 March 2026.
- The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied to extend the 30-day period for protected industrial action.
- Kerry Ingredients Australia Pty Limited advised the Commission it had no objection to the application.
- The extension sought was for a further 30 days from expiry of the original 30-day period.
Factors
For
- Requirements of s.459(3) were satisfied.
- Applicant for the protected action ballot had applied for extension.
- Period had not previously been extended.
- Respondent employer had no objection to the application.
Against
Legislation referenced
- Fair Work Act 2009 s.459(3)
- Fair Work Act 2009 s.459(1)(d)(i)
Concept tags · 3
Principles · 1
articulates para 3
The FWC may extend the 30-day period for protected industrial action by up to 30 days if the applicant for the protected action ballot order applies to extend the period and the period has not previously been extended.
Archived text (336 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Kerry Ingredients Australia Pty Limited (B2026/284) DEPUTY PRESIDENT HAMPTON ADELAIDE, 30 MARCH 2026 Application to extend the 30 day period in relation to B2026/94. [1] This matter concerns the declaration of the result of a protected action ballot PR796779 held in matter B2026/94 and declared on 2 March 2026. [2] 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. [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] Kerry Ingredients Australia Pty Limited 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. [2026] FWC 1059 DECISION [2026] FWC 1059 2 [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. [8] This order will operate on and from 1 April 2026. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR798113>