Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Hydro-Electric Corporation Trading As Hydro Tasmania
Deputy President Wright
Not yet cited by other cases
Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Respondent: Hydro-Electric Corporation Trading As Hydro Tasmania
Ratio
The FWC has power under s.459(3) of the Fair Work Act 2009 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 application met all statutory requirements and was not opposed by the employer, and accordingly the 30-day period was extended by a further 30 days.
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 PR790680 was held in matter B2025/1280 and declared on 28 August 2025
- The union applied to extend the 30-day period for commencement of protected industrial action
- The respondent employer Hydro Tasmania advised it had no objection to the extension
- The extension was to apply from 27 September 2025
Factors
For
- Application met statutory requirements under s.459(3)
- Period had not previously been extended
- Respondent employer had no objection
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
Concept tags · 2
Archived text (338 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 Hydro-Electric Corporation Trading As Hydro Tasmania (B2025/1488) DEPUTY PRESIDENT WRIGHT SYDNEY, 25 SEPTEMBER 2025 Application to extend the 30 day period in relation to B2025/1280 [1] This matter concerns the declaration of the result of a protected action ballot PR790680 held in matter B2025/1280 and declared on 28 August 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] Hydro-Electric Corporation Trading As Hydro Tasmania 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. [2025] FWC 2842 DECISION [2025] FWC 2842 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 27 September 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR792048>