United Workers' Union v Puma Australia Pty Ltd T/A Puma
Deputy President Hampton
Not yet cited by other cases
Applicant: United Workers' Union
Respondent: Puma Australia Pty Ltd T/A Puma
Ratio
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 is granted where all statutory requirements are satisfied and the respondent does not oppose the application.
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 PR797191 was held in matter B2026/162
- Ballot result was declared on 17 March 2026
- United Workers' Union applied to extend the 30-day period for commencement of protected industrial action
- Puma Australia Pty Ltd advised it did not propose to make submissions and raised no objections
- No previous extension of the 30-day period had been made
Factors
For
- All relevant requirements of s.459(3) of the Fair Work Act 2009 were met
- No objections advanced by respondent
- Respondent did not propose to make submissions opposing the application
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
- Fair Work Rules 2024
Concept tags · 2
Principles · 1
articulates para 3
The FWC may extend the 30-day period for commencement of protected industrial action by up to 30 days where an applicant for the protected action ballot order applies for extension and the period has not previously been extended.
Archived text (359 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 Puma Australia Pty Ltd T/A Puma (B2026/345) DEPUTY PRESIDENT HAMPTON ADELAIDE, 8 APRIL 2026 Application to extend the 30 day period in relation to B2026/162. [1] This matter concerns the declaration of the result of a protected action ballot PR797191 held in matter B2026/162 and declared on 17 March 2026. [2] The United Workers' Union has made an application1 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] Puma Australia Pty Ltd trading as Puma has advised the Commission that it did not propose to make any submissions in relation to this application. No objections have been advanced. [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 1184 DECISION [2026] FWC 1184 2 [8] This order will operate on and from 16 April 2026. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR798405> 1 The application was not accompanied by a copy of the relevant order, and I have waived compliance with the Fair Work Rules 2024 to the extent necessary.