Transport Workers' Union of Australia v Re.Cycle (Sunshine Coast) Pty Ltd — Benchmark

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 the applicant for the protected action ballot order applies and the period has not previously been extended. The statutory requirements were met and the respondent 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 PR789742 was held in matter B2025/1141
Ballot result was declared on 7 August 2025
Transport Workers' Union of Australia applied to extend the 30-day period in which industrial action is authorised
Re.Cycle (Sunshine Coast) Pty Ltd advised it had no objection to the application
The period had not previously been extended

Factors

For

Applicant for the protected action ballot order made application to extend the period
The 30-day period had not previously been extended
The respondent had no objection to the application

Against

Legislation referenced

Fair Work Act 2009 (Cth) s459(3)
Fair Work Act 2009 (Cth) s459(1)(d)(i)

Concept tags · 2

[P]Protected action ballot order [P]Protected industrial action

Principles · 1

articulates para 3

The FWC may extend the 30-day period in which industrial action is authorised by a protected action ballot by up to 30 days where an applicant for the protected action ballot order applies for the extension and the period has not previously been extended.

Test: Protected action ballot extension requirements

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2014] FCAFC 8 EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union	Federal Court — Full Court	2014-02-19	Against applicant	2	5
[2009] FWAFB 368 Total Marine Services Pty Ltd v Maritime Union of Australia	FWAFB	2009-10-09	Resolved	2	25
[2011] FWAFB 4809 Mornington Peninsula Shire Council v Australian Nursing Federation	FWAFB	2011-07-22	Against applicant	2	6
[2014] FCA 1119 Ambulance Victoria v United Voice (includes Corrigendum dated 18 November 2014)	Federal Court	2014-10-17	Resolved	2	4
[2025] FWCFB 264 The Association of Professional Engineers, Scientists and Managers,...	FWC — Full Bench	2025-11-20		2	0
[2024] FWCFB 46 Australian Rail, Tram and Bus Industry Union (139V) v Pacific National...	FWC — Full Bench	2024-02-05		2	0
[2023] FWCFB 134 Communications, Electrical, Electronic, Energy, Information, Postal,...	FWC — Full Bench	2023-08-04		2	0
[2023] FWCFB 11 Transport Workers' Union of Australia (179V) v Cleanaway Operations Pty Ltd	FWC — Full Bench	2023-01-19		2	0
[2022] FWCFB 240 Transport Workers' Union of Australia (179V) v Cleanaway Operations Pty Ltd	FWC — Full Bench	2022-12-16		2	0
[2022] FWCFB 204 National Tertiary Education Industry Union (283V) v Curtin University	FWC — Full Bench	2022-11-14		2	0

Archived text (320 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 Transport Workers' Union of Australia v Re.Cycle (Sunshine Coast) Pty Ltd (B2025/1374) DEPUTY PRESIDENT HAMPTON ADELAIDE, 2 SEPTEMBER 2025 Application to extend the 30 day period in relation to B2025/1141. [1] This matter concerns the declaration of the result of a protected action ballot PR789742 held in matter B2025/1141 and declared on 7 August 2025. [2] The Transport Workers' 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] Re.Cycle (Sunshine Coast) 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 2593 DECISION [2025] FWC 2593 2 [8] This order will operate on and from 6 September 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR791342>