s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Strathcona Baptist Girls Grammar School Limited

Application to extend the 30 day period in relation to B2025/420

• [1] This matter concerns the declaration of the result of a protected action ballot (PR785095) held in matter B2025/420 and declared on 26 March 2025.

• [2] On 23 April 2025, the Independent Education Union of Australia applied under s 459(3) of the Fair Work Act 2009 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

• [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.

• [5] Strathcona Baptist Girls Grammar School Limited initially advised the Commission that it objected to the application on the grounds that bargaining had substantially progressed and further industrial action would not assist the parties to reach an agreement. I conducted a case management conference on Wednesday 30 May 2025. Following the case management conference and the parties taking agreed steps, the School advised the Commission that it withdrew its objection.

• [6] I am satisfied that the relevant requirements of the Act have been met and that the application should be granted. I grant the extension to 25 May 2025, which is a further 30 days from 25 April 2025 when the initial 30-day period ended.

• [7] Under s 459(3) of the Act, I order that period during which industrial action is authorised by the ballot conducted pursuant to the Order of Deputy President Hampton of 12 March 2025 (PR785095), the results of which were declared on 26 March 2025, is extended by a further 30 days to 25 May 2025.

• [8] This order will operate on and from 2 May 2025.

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