Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v MSF Sugar 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 (CEPU)
Respondent: MSF Sugar Pty Ltd
Ratio
The FWC was satisfied that the applicant union met the statutory requirements under s.459(3) of the Fair Work Act 2009 for extending the 30-day period in which industrial action authorised by a protected action ballot could commence, and the extension was granted in the absence of objection 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 · 6
- Protected action ballot PR786255 was held and declared on 8 May 2025
- The matter related to a prior application in B2025/644
- The union sought extension of the 30-day period within which protected industrial action could be commenced
- The 30-day period had not previously been extended
- MSF Sugar Pty Ltd did not object to the application
- The employer had not advised the Commission of any objection
Factors
For
- Statutory requirements of s.459(3) were satisfied
- The 30-day period had not previously been extended
- No objection from the employer MSF Sugar Pty Ltd
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
Concept tags · 2
Archived text (335 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 MSF Sugar Pty Ltd (B2025/884) DEPUTY PRESIDENT HAMPTON ADELAIDE, 5 JUNE 2025 Application to extend the 30 day period in relation to B2025/644. [1] This matter concerns the declaration of the result of a protected action ballot PR786255 held in matter B2025/644 and declared on 8 May 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 from the expiry of the original 30 days. [5] MSF Sugar 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 1547 DECISION [2025] FWC 1547 2 [8] This order will operate on and from 6 June 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR787936>