Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Wood 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: Wood Australia Pty Ltd
Ratio
An application to extend the 30-day period for commencement of protected industrial action by a further 30 days under s.459(3) of the Fair Work Act 2009 was granted where the applicant union had satisfied the statutory requirements (application made by the applicant for the protected action ballot order, and the period had not previously been extended), and the respondent employer did not object.
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 PR785274 held in matter B2025/483 declared on 31 March 2025
- Union applied to extend the 30-day period for commencement of protected industrial action by a further 30 days
- Wood Australia Pty Ltd did not object to the extension application
- The original 30-day period had not previously been extended
Factors
For
- Statutory requirements of s.459(3) were satisfied
- No objection from the respondent employer
- First extension application (period had not previously been extended)
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
Concept tags · 2
Archived text (332 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 Wood Australia Pty Ltd (B2025/771) DEPUTY PRESIDENT HAMPTON ADELAIDE, 9 MAY 2025 Application to extend the 30-day period in relation to B2025/483. [1] This matter concerns the declaration of the result of a protected action ballot PR785274 held in matter B2025/483 and declared on 31 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 from the expiry of the original 30 days. [5] Wood Australia Pty Ltd has advised the Commission that it does not object 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 1296 DECISION [2025] FWC 1296 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 9 May 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR787185>