Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Grange Resources (Tasmania) Pty Ltd
Deputy President Hampton
Not yet cited by other cases
Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Respondent: Grange Resources (Tasmania) Pty Ltd
Ratio
The FWC is empowered under s.459(3) of the Fair Work Act 2009 to extend the 30-day period in which industrial action is authorised by a protected action ballot by up to an additional 30 days where the applicant applies and the period has not previously been extended. The applicant met all statutory requirements 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 PR797384 was declared on 23 March 2026
- The original 30-day period for commencement of protected industrial action would expire on 22 April 2026
- The Union applied to extend the period by a further 30 days
- Grange Resources (Tasmania) Pty Ltd did not object to the extension
- The period had not previously been extended
Factors
For
- The applicant was eligible to apply under s.459(3)(a)
- The period had not previously been extended, satisfying s.459(3)(b)
- The respondent employer had no objection to the extension
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
Concept tags · 2
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 Grange Resources (Tasmania) Pty Ltd (B2026/402) DEPUTY PRESIDENT HAMPTON ADELAIDE, 20 APRIL 2026 Application to extend the 30 day period in relation to B2026/190. [1] This matter concerns the declaration of the result of a protected action ballot PR797384 held in matter B2026/190 and declared on 23 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] Grange Resources (Tasmania) Pty 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. [2026] FWC 1401 DECISION [2026] FWC 1401 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 22 April 2026. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR798858>