Mining and Energy Union v Wilpinjong Coal Pty Ltd
Deputy President Hampton
Not yet cited by other cases
Applicant: Mining and Energy Union
Respondent: Wilpinjong Coal Pty Ltd
Ratio
Section 459(3) of the Fair Work Act 2009 permits the FWC to extend the 30-day period for commencing protected industrial action by up to 30 days where the applicant applies and the period has not previously been extended. The Court found the relevant statutory requirements were met and granted the Mining and Energy Union's application to extend the period by a further 30 days.
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 PR781115 was held in matter B2024/1446 and declared on 23 December 2024
- The Mining and Energy Union applied to extend the 30-day period in which industrial action is authorised
- Wilpinjong Coal Pty Ltd did not object to the application
- The 30-day period had not previously been extended
Factors
For
- The applicant applied for the period to be extended
- The period had not previously been extended
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
Concept tags · 2
Archived text (308 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 Mining and Energy Union v Wilpinjong Coal Pty Ltd (B2025/118) DEPUTY PRESIDENT HAMPTON ADELAIDE, 22 JANUARY 2025 Application to extend the 30 day period in relation to B2024/1446. [1] This matter concerns the declaration of the result of a protected action ballot PR781115 held in matter B2024/1446 and declared on 23 December 2024. [2] The Mining and Energy 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. [5] Wilpinjong Coal Pty Ltd has not advised the Commission of any 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. [2025] FWC 213 DECISION [2025] FWC 213 2 [8] This order will operate on and from 22 January 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR783574>