Benchmark WA Industrial Relations Case Database

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Cleanco Queensland Limited

[2026] FWC 1714 Fair Work Commission 2026-01-01
Source
Deputy President Hampton
Not yet cited by other cases
Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Respondent: Cleanco Queensland Limited

Ratio

Section 459(3) of the Fair Work Act 2009 permits the FWC to extend the 30-day period for commencement of protected industrial action by up to 30 days where the applicant applies and the period has not previously been extended. The statutory requirements were satisfied and the respondent did not object, warranting the extension.

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 PR797847 was held in matter B2026/257 and declared on 8 April 2026
  • Communications Union applied to extend the 30-day period in which industrial action is authorised
  • Cleanco Queensland Limited advised it had no objection to the application
  • The original 30-day period had not previously been extended

Factors

For
  • Each of the relevant statutory requirements under s459(3) had been met
  • The respondent employer did not object to the extension
  • The 30-day period had not previously been extended
Against

Legislation referenced

  • Fair Work Act 2009 (Cth) s459(3)

Concept tags · 2

[P]Protected action ballot order [P]Protected industrial action
Archived text (332 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 Cleanco Queensland Limited (B2026/508) DEPUTY PRESIDENT HAMPTON ADELAIDE, 11 MAY 2026 Application to extend the 30 day period in relation to B2026/257. [1] This matter concerns the declaration of the result of a protected action ballot PR797847 held in matter B2026/257 and declared on 8 April 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] Cleanco Queensland 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 1714 DECISION [2026] FWC 1714 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 11 May 2026. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR799939>