Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
Deputy President Hampton
Not yet cited by other cases
Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Respondent: Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
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 30 days where an applicant applies and the period has not previously been extended. The requirements were satisfied and the extension was granted without opposition from 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 · 4
- Protected action ballot PR784069 was held and declared on 20 February 2025 in matter B2025/210
- The union applied to extend the 30-day period for commencement of protected industrial action
- The respondent employer had no objection to the application
- The period had not previously been extended
Factors
For
- Union satisfied all statutory requirements under s.459(3)
- Employer (Chubb Fire & Security) did not object to the extension
- Period had not previously been extended
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
Concept tags · 2
Principles · 1
articulates para 3
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 protected action ballot by up to a further 30 days, provided the applicant applies to the FWC and the period has not previously been extended.
Archived text (339 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 Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety (B2025/305) DEPUTY PRESIDENT HAMPTON ADELAIDE, 27 FEBRUARY 2025 Application to extend the 30 day period in relation to B2025/210. [1] This matter concerns the declaration of the result of a protected action ballot PR784069 held in matter B2025/210 and declared on 20 February 2025. [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] Chubb Fire & Security Pty Ltd trading as Chubb Fire Safety 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 606 DECISION [2025] FWC 606 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 21 March 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR784834>