Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Downer Utilities Australia Pty Ltd
Deputy President Hampton
Not yet cited by other cases
Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Respondent: Downer Utilities Australia Pty Ltd
Ratio
The FWC has power under Fair Work Act s459(3) to extend the 30-day period for protected industrial action where an applicant applies and the period has not been previously extended; the statutory requirements were satisfied and the employer raised no objection, so extension by a further 30 days was granted.
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 PR785019 was declared on 21 March 2025 in matter B2025/360
- The 30-day period for commencement of protected industrial action was approaching expiry
- CEPU applied to extend the period by a further 30 days
- The period had not been previously extended
- Downer Utilities Australia Pty Ltd did not object to the extension
Factors
For
- CEPU satisfied all requirements of s459(3): made a timely application, the period had not been previously extended
- Employer did not object to the extension
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s459(3)
Concept tags · 2
Archived text (329 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 Downer Utilities Australia Pty Ltd (B2025/632) DEPUTY PRESIDENT HAMPTON ADELAIDE, 16 APRIL 2025 Application to extend the 30 day period in relation to B2025/360. [1] This matter concerns the declaration of the result of a protected action ballot PR785019 held in matter B2025/360 and declared on 21 March 2025. [2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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] Downer Utilities Australia 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. [2025] FWC 1076 DECISION [2025] FWC 1076 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 20 April 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR786178>