Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Bega Cheese Limited
Deputy President Hampton
Not yet cited by other cases
Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Respondent: Bega Cheese Limited
Ratio
Section 459(3) of the Fair Work Act 2009 permits the FWC to extend the 30-day period during which protected industrial action may be commenced by up to 30 days where the union applicant applies and the period has not previously been extended. The requirements were met and the respondent did not object, so the extension was granted.
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 PR789017 was declared on 23 July 2025 in matter B2025/1102
- The union applied to extend the 30-day period within which protected industrial action could be commenced
- Bega Cheese Limited advised it had no objection to the extension
- The original 30-day period had not previously been extended
Factors
For
- Applicant union applied for the extension as required by s.459(3)(a)
- The 30-day period had not previously been extended, satisfying s.459(3)(b)
- Respondent employer did not object to the application
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
Concept tags · 2
Principles · 1
articulates para 3
Section 459(3) of the Fair Work Act 2009 permits extension of the 30-day protected action period by up to a further 30 days where an applicant applies and the period has not been previously extended.
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 Bega Cheese Limited (B2025/1200) DEPUTY PRESIDENT HAMPTON ADELAIDE, 30 JULY 2025 Application to extend the 30 day period in relation to B2025/1102. [1] This matter concerns the declaration of the result of a protected action ballot PR789017 held in matter B2025/1102 and declared on 23 July 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] Bega Cheese Limited 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 2227 DECISION [2025] FWC 2227 2 [8] This order will operate on and from 22 August 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR790193>