Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v SC Hydro 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: SC Hydro Pty Ltd
Ratio
Section 459(3) of the Fair Work Act 2009 permits the FWC to extend the 30-day period for protected industrial action by up to 30 days where an applicant for the protected action ballot order applies and the period has not previously been extended. The statutory requirements were met and no objection was raised by the respondent, warranting approval.
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 PR786445 was declared on 12 May 2025 in matter B2025/662
- Union applied under s.459(3) to extend the 30-day period by a further 30 days
- The original 30-day period had not been previously extended
- SC Hydro Pty Ltd did not advise of any objection to the application
Factors
For
- Union satisfied statutory requirements under s.459(3)(a) and (b)
- No objection raised by respondent employer
- Initial 30-day period had not been previously extended, enabling first extension under statute
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
Concept tags · 2
Archived text (334 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 SC Hydro Pty Ltd (B2025/787) DEPUTY PRESIDENT HAMPTON ADELAIDE, 15 MAY 2025 Application to extend the 30 day period in relation to B2025/662. [1] This matter concerns the declaration of the result of a protected action ballot PR786445 held in matter B2025/662 and declared on 12 May 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] SC Hydro 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 1362 DECISION [2025] FWC 1362 2 [8] This order will operate on and from 10 June 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR787366>