Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Getinge 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: Getinge Australia Pty Ltd
Ratio
The FWC granted the union's application to extend the 30-day period for commencement of protected industrial action under s.459(3) of the Fair Work Act 2009, as the statutory requirements were met (application made by the protected action ballot applicant, and the period had not been previously 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 · 5
- Protected action ballot PR786995 was held in matter B2025/735
- The ballot result was declared on 19 May 2025
- The union applied to extend the 30-day period by a further 30 days
- The respondent employer advised it did not object to the extension
- The extension order operates on and from 17 June 2025
Factors
For
- Statutory requirements of s.459(3) were satisfied
- The application was made by the protected action ballot applicant
- The period had not been previously extended
- The respondent employer did not object to the application
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
- Fair Work Act 2009 (Cth) s.459(1)(d)(i)
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 Getinge Australia Pty Ltd (B2025/895) DEPUTY PRESIDENT HAMPTON ADELAIDE, 5 JUNE 2025 Application to extend the 30 day period in relation to B2025/735. [1] This matter concerns the declaration of the result of a protected action ballot PR786995 held in matter B2025/735 and declared on 19 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] Getinge Australia Pty Ltd has advised the Commission that they do 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 1558 DECISION [2025] FWC 1558 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 17 June 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR787963>