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 Municipal, Administrative, Clerical and Services Union v Sydney Water Corporation T/A Sydney Water (B2023/1177) DEPUTY PRESIDENT HAMPTON SYDNEY, 30 OCTOBER 2023 Application to extend the 30 day period in relation to B2023/977 [1] This matter concerns the declaration of the result of a protected action ballot (PR766198) held in matter B2023/977 and declared on 29 September 2023. [2] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 made by the ASU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days. [5] The Respondent 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 section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible ASU members employed by Sydney Water Corporation T/A Sydney Water be extended by a further 30 days. [2023] FWC 2849 DECISION [2023] FWC 2849 2 [8] This order will operate on and from 30 October 2023. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR767751>