United Workers' Union v GrainCorp Operations Limited — 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 applies and the period has not previously been extended. The United Workers' Union satisfied both statutory requirements, and as the respondent did not object, 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 PR792037 was held in matter B2025/1487
Result of ballot was declared on 9 October 2025
United Workers' Union applied to extend the 30-day period for commencement of industrial action
The 30-day period had not previously been extended
GrainCorp Operations Limited did not object to the application

Factors

For

All requirements of s459(3) of the Fair Work Act 2009 were met
The applicant properly applied for the extension
The period had not previously been extended
The respondent (GrainCorp) 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

Related cases · 10

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[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
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[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 (312 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 GrainCorp Operations Limited (B2025/1690) DEPUTY PRESIDENT HAMPTON ADELAIDE, 11 NOVEMBER 2025 Application to extend the 30 day period in relation to B2025/1487. [1] This matter concerns the declaration of the result of a protected action ballot PR792037 held in matter B2025/1487 and declared on 9 October 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] GrainCorp Operations 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 3380 DECISION [2025] FWC 3380 2 [8] This order will operate on and from 11 November 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR793626>