United Workers' Union v CSL Limited
Deputy President Hampton
Not yet cited by other cases
Applicant: United Workers' Union
Respondent: CSL Limited
Ratio
The FWC has power under s.459(3) of the Fair Work Act 2009 to extend the 30-day period for commencement of protected industrial action by up to a further 30 days where the applicant for the protected action ballot order applies to extend the period and it has not previously been extended. The Court was satisfied the statutory requirements were met and the extension was granted with the consent of the employer.
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 PR797371 was held in matter B2026/187
- The result of the ballot was declared on 3 April 2026
- The United Workers' Union sought to extend the initial 30-day period for commencement of protected industrial action
- CSL Limited consented to the extension application
- This was the first application to extend the 30-day period
Factors
For
- All statutory requirements of s.459(3) were satisfied
- No previous extension of the period had been made
- The employer (CSL Limited) consented to the application
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
Concept tags · 2
Principles · 1
articulates para 6
The FWC has power to extend the 30-day period for commencement of protected industrial action by up to 30 days where the applicant for the protected action ballot order applies for the extension and the period has not previously been extended.
Archived text (310 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 CSL Limited (B2026/484) DEPUTY PRESIDENT HAMPTON ADELAIDE, 4 MAY 2026 Application to extend the 30 day period in relation to B2026/187. [1] This matter concerns the declaration of the result of a protected action ballot PR797371 held in matter B2026/187 and declared on 3 April 2026. [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] CSL 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. [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 1599 DECISION [2026] FWC 1599 2 [8] This order will operate on and from 4 May 2026. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR799686>