1 Fair Work Act 2009 s.459—Protected action Construction, Forestry, Maritime, Mining and Energy Union v CSL Australia Pty Ltd T/A CSL Shipping (B2023/1284) DEPUTY PRESIDENT HAMPTON ADELAIDE, 27 NOVEMBER 2023 Application to extend the 30 day period in relation to B2023/1166 [1] This matter concerns the declaration of the result of a protected action ballot (PR767686) held in matter B2023/1166 and declared on 15 November 2023. [2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU or Applicant) 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 CFMMEU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days. [5] CSL Australia Pty Ltd T/A CSL Shipping (CSL) 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 CFMMEU members employed by CSL be extended by a further 30 days. [2023] FWC 3122 DECISION [2023] FWC 3122 2 [8] This order will operate on and from 27 November 2023. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR768718>