Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v UGL Engineering Pty Limited
Deputy President Hampton
Not yet cited by other cases
Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Respondent: UGL Engineering Pty Limited
Ratio
An application to extend the 30-day period for protected industrial action authorized by a protected action ballot under s459(3) of the Fair Work Act 2009 was granted because the applicant satisfied the statutory requirements: the period had not been previously extended, and the union applied for the extension before the initial 30-day period expired.
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
- A protected action ballot (PR785193) was declared on 28 March 2025 in matter B2025/471
- The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought to extend the 30-day period for commencement of protected industrial action
- UGL Engineering Pty Limited did not object to the application
- The period had not been previously extended
Factors
For
- The applicant satisfied all statutory requirements under s459(3)
- The 30-day period had not previously been extended
- The application was made within the required timeframe
- No objection was filed by the respondent
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s459(3)
- Fair Work Act 2009 (Cth) s459(1)(d)(i)
Concept tags · 2
Archived text (327 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 UGL Engineering Pty Limited (B2025/643) DEPUTY PRESIDENT HAMPTON ADELAIDE, 23 APRIL 2025 Application to extend the 30 day period in relation to B2025/471. [1] This matter concerns the declaration of the result of a protected action ballot PR785193 held in matter B2025/471 and declared on 28 March 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] The UGL Engineering Pty Limited 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 1141 DECISION [2025] FWC 1141 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 27 April 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR786381>