Australian Maritime Officers' Union v Port of Portland Pty Ltd
Deputy President Hampton
Not yet cited by other cases
Applicant: Australian Maritime Officers' Union
Respondent: Port of Portland Pty Ltd
Ratio
Section 459(3) of the Fair Work Act 2009 permits the FWC to extend the 30-day period for commencement of protected industrial action by up to 30 days where an applicant for the protected action ballot order applies and the period has not previously been extended. The requirements were satisfied and no objection was raised by the respondent employer.
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 PR792464 declared on 22 October 2025
- Original 30-day period for commencement of protected industrial action expired 21 November 2025
- Application made to extend period by further 30 days
- Port of Portland Pty Ltd did not object to the extension
Factors
For
- Statutory requirements of s459(3) satisfied
- Period had not previously been extended
- No objection from respondent employer
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s459(3)
Concept tags · 2
Principles · 1
articulates para 6
Section 459(3) of the Fair Work Act 2009 permits extension of the 30-day period for commencement of protected industrial action by up to 30 days where an applicant for the protected action ballot order applies and the period has not previously been extended.
Archived text (317 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 Australian Maritime Officers' Union v Port of Portland Pty Ltd (B2025/1737) DEPUTY PRESIDENT HAMPTON SYDNEY, 20 NOVEMBER 2025 Application to extend the 30 day period in relation to B2025/1560. [1] This matter concerns the declaration of the result of a protected action ballot PR792464 held in matter B2025/1560 and declared on 22 October 2025. [2] The Australian Maritime Officers' 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] Port of Portland 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. [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 3492 DECISION [2025] FWC 3492 2 [8] This order will operate on and from 21 November 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR793967>