v Dynamic Electrical Constructions Pty Ltd T/A Dynelec [2025] FWC 3608 | Case summary | Zoe

CTHFWC

v Dynamic Electrical Constructions Pty Ltd T/A Dynelec

[2025] FWC 3608

Fair Work Commission|2025-11-27

At a glance

AI case summary

Result

defendant. Application granted. Order made extending the 30-day period for commencement of protected industrial action by a further 30 days, operating on and from 30 November 2025.

Key principles

The Fair Work Commission has jurisdiction under s.459(3) of the Fair Work Act 2009 to extend the 30-day period for commencement of protected industrial action authorised by a...
Where the statutory requirements of s.459(3) are satisfied and the employer has no objection to the application, the Commission will grant the extension as sought.

Issues before the court

Whether the requirements of s.459(3) of the Fair Work Act 2009 for extending the 30-day period for protected industrial action have been satisfied

Cited legislation

1 cited instrument linked from this judgment.

Plain English Summary

The Fair Work Commission granted an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union to extend by 30 days the time period for workers to commence protected industrial action following a protected action ballot. The employer did not oppose the application. The Commission was satisfied that the statutory requirements under section 459(3) of the Fair Work Act 2009 were met.

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Judgment (18 paragraphs)

[1]

v Dynamic Electrical Constructions Pty Ltd T/A Dynelec (Australia) [2025] FWC 3608 (27 November 2025)

[2]

Fair Work Act 2009

[3]

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

[4]

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[5]

Dynamic Electrical Constructions Pty Ltd T/A Dynelec (Australia)

[6]

Application to extend the 30 day period in relation to B2025/1585.

[7]

[1] This matter concerns the declaration of the result of a protected action ballot PR792702 held in matter B2025/1585 and declared on 31 October 2025.

[8]

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[9]

[3] Section 459(3) of the Act provides as follows:

[10]

"(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

[11]

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

[12]

[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.

[13]

[5] Dynamic Electrical Constructions Pty Ltd T/A Dynelec (Australia) has advised the Commission it has no objection to this application.

[14]

[6] I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

[15]

[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.

[16]

[8] This order will operate on and from 30 November 2025.

[17]

sigSeal of the FWC with with members signature

[18]

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