Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v UGL Solutions Pty Ltd
Deputy President Wright
Not yet cited by other cases
Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Respondent: UGL Solutions Pty Ltd
Ratio
An application to extend the 30-day period for commencement of protected industrial action authorized by a protected action ballot was granted under s.459(3) of the Fair Work Act 2009, as the applicant satisfied the statutory requirements 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 PR790811 was held and declared on 2 September 2025 in matter B2025/1302
- Union sought to extend the 30-day period in which industrial action is authorised by the ballot
- The period had not previously been extended
- Respondent UGL Solutions Pty Ltd did not advise of any objection to the application
- Extension granted from expiry of original 30 days by a further 30 days, operative from 2 October 2025
Factors
For
- Applicant satisfied all relevant statutory requirements under s.459(3)
- Respondent did not object to the application
- Period had not previously been extended
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
- Fair Work Act 2009 (Cth) s.459(1)(d)(i)
Concept tags · 2
Principles · 1
articulates para 3
The FWC may extend the 30-day period for commencement of protected industrial action by up to 30 days if an applicant for the protected action ballot order applies for the period to be extended and the period has not previously been extended.
Archived text (334 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 UGL Solutions Pty Ltd (B2025/1534) DEPUTY PRESIDENT WRIGHT SYDNEY, 2 OCTOBER 2025 Application to extend the 30 day period in relation to B2025/1302. [1] This matter concerns the declaration of the result of a protected action ballot PR790811 held in matter B2025/1302 and declared on 2 September 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] UGL Solutions Pty Ltd has not advised the Commission of any 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 2939 DECISION [2025] FWC 2939 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 2 October 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR792313>