Benchmark WA Industrial Relations Case Database

United Workers' Union v GPC Asia Pacific Pty Ltd

[2025] FWC 2734 Fair Work Commission 2025-01-01
Source
Deputy President Hampton
Not yet cited by other cases
Applicant: United Workers' Union
Respondent: GPC Asia Pacific Pty Ltd

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 an applicant applies and the period has not previously been extended. The applicant satisfied all statutory requirements, and the respondent did not object; accordingly, 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 · 5

  • Protected action ballot PR790182 was held in matter B2025/1204 and declared on 15 August 2025
  • United Workers' Union applied to extend the 30-day period in which industrial action is authorised
  • GPC Asia Pacific Pty Ltd did not object to the application
  • The extension was sought for a further 30 days from expiry of the original 30 days
  • The period had not previously been extended

Factors

For
  • All statutory requirements of s459(3) were satisfied
  • The applicant applied for extension within the operative period
  • The period had not previously been extended
  • The respondent did not object to the application
Against

Legislation referenced

  • Fair Work Act 2009 (Cth) s459(3)

Concept tags · 2

[P]Protected action ballot order [P]Protected industrial action
Archived text (316 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 United Workers' Union v GPC Asia Pacific Pty Ltd (B2025/1427) DEPUTY PRESIDENT HAMPTON ADELAIDE, 12 SEPTEMBER 2025 Application to extend the 30 day period in relation to B2025/1204. [1] This matter concerns the declaration of the result of a protected action ballot PR790182 held in matter B2025/1204 and declared on 15 August 2025. [2] The United Workers' 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] GPC Asia Pacific Pty Ltd has advised the Commission that they do not 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 s.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 2734 DECISION [2025] FWC 2734 2 [8] This order will operate on and from 14 September 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR791725>