Construction, Forestry and Maritime Employees Union v Flinders Adelaide Container Terminal Pty Ltd
Deputy President Hampton
Not yet cited by other cases
Applicant: Construction, Forestry and Maritime Employees Union
Respondent: Flinders Adelaide Container Terminal Pty Ltd
Ratio
The Fair Work Act 2009 s.459(3) permits the FWC to extend the 30-day period in which industrial action is authorised by a protected action ballot by up to 30 days, where the applicant applies and the period has not previously been extended. The statutory requirements were met and the respondent did not object, warranting the extension.
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 PR787972 was held and result declared on 30 June 2025
- Application made to extend the 30-day period for commencement of protected industrial action
- Respondent advised it had no objection to the application
- This was the first extension sought (period had not previously been extended)
Factors
For
- All statutory requirements of s.459(3) were satisfied
- No objection from respondent employer
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
Concept tags · 2
Principles · 1
articulates para 3
The FWC may extend the 30-day period for protected industrial action by up to 30 days where the applicant applies for extension and the period has not previously been extended.
Archived text (324 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 Construction, Forestry and Maritime Employees Union v Flinders Adelaide Container Terminal Pty Ltd (B2025/1098) DEPUTY PRESIDENT HAMPTON ADELAIDE, 8 JULY 2025 Application to extend the 30 day period in relation to B2025/897. [1] This matter concerns the declaration of the result of a protected action ballot PR787972 held in matter B2025/897 and declared on 30 June 2025. [2] The Construction, Forestry and Maritime Employees Union 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] Flinders Adelaide Container Terminal Pty Ltd has advised the Commission it has no 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 1947 DECISION [2025] FWC 1947 2 [8] This order will operate on and from 30 July 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR788998>