Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Gladstone Ports Corporation Limited

[2025] FWC 64 Fair Work Commission 2025-01-01

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: Gladstone Ports Corporation Limited

Ratio

The FWC has power 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 30 days where the applicant seeks extension and the period has not been previously extended. All statutory requirements were met and the respondent did not object, justifying the grant of 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 · 5

Protected action ballot PR781574 was held in matter B2024/1500 and declared on 10 December 2024
The union applied pursuant to s.459(3) of the Fair Work Act 2009 to extend the 30-day period for commencement of protected industrial action
Gladstone Ports Corporation Limited advised it had no objection to the application
The extension was sought for a further 30 days
The order took effect on 8 January 2025

Factors

For

Union applied for the extension pursuant to s.459(3)
The 30-day period had not been previously extended
The respondent had no objection to the extension

Against

Legislation referenced

Fair Work Act 2009 (Cth) s.459(3)
Fair Work Act 2009 (Cth) s.459(1)(d)(i)

Concept tags · 3

[P]Protected action ballot order [P]Protected industrial action [P]Extension of time to file

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: (a) the applicant for the protected action ballot order applies for the extension; and (b) the period has not previously been extended.

Test: s.459(3) extension test

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Shared
Application by Bundaberg Port Authority and Maritime Union of Australia	FWC	2004-01-06	3
[2020] FWC 4741 Australian Workers’ Union, The v Jadestone Energy (Australia) Pty Ltd	FWC	2020-01-01	3
[2023] FWC 1968 Australian Workers’ Union v Chevron Australia Pty Ltd	FWC	2023-01-01	3
[2023] FWC 1970 Australian Workers’ Union v Chevron Australia Pty Ltd	FWC	2023-01-01	3
[2023] FWC 1976 Communications, Electrical, Electronic, Energy, Information, Postal,...	FWC	2023-01-01	3
[2023] FWC 1979 Communications, Electrical, Electronic, Energy, Information, Postal,...	FWC	2023-01-01	3
[2023] FWC 2012 Australian Workers’ Union v Chevron Australia Pty Ltd	FWC	2023-01-01	3
[2023] FWC 2013 Communications, Electrical, Electronic, Energy, Information, Postal,...	FWC	2023-01-01	3
[2023] FWC 2406 Australian Workers' Union, The v Superior Energy Services (Australia) Pty Ltd	FWC	2023-01-01	3
[2023] FWC 2573 Construction, Forestry, Maritime, Mining and Energy Union v BHP Iron Ore Pty Ltd	FWC	2023-01-01	3

Archived text (326 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 Gladstone Ports Corporation Limited (B2025/12) DEPUTY PRESIDENT HAMPTON ADELAIDE, 8 JANUARY 2025 Application to extend the 30 day period in relation to B2024/1500. [1] This matter concerns the declaration of the result of a protected action ballot PR781574 held in matter B2024/1500 and declared on 10 December 2024. [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. [5] Gladstone Ports Corporation 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. [2025] FWC 64 DECISION [2025] FWC 64 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 8 January 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR783077>