Fair Work Act 2009

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

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

Application to extend the 30 day period in relation to B2026/28.

[1] This matter concerns the declaration of the result of a protected action ballot PR796024 held in matter B2026/28 and declared on 9 February 2026.

[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.

[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 from the expiry of the original 30 days.

[5] Prosegur Australia Pty Limited has advised the Commission it has no objection to this application.

• [6] This application was made after the expiry of the first 30-day period. The Commission may accept and consider an application made under s.459(3) at that time. The Full Federal Court in Energy Australia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union[1] confirmed that this was permissible;[2] however the Commission may only provide a single extension of the original 30 day period for a further period of up to 30 days.[3] That is, a total of 60 days from the declaration of the ballot results. Further, any industrial action taken in the period between the expiry of the first 30 days and the date that the extension is granted, may not be protected.[4]

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

[8] 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 employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

[9] This order will operate on and from 31 March 2026.

[1] [2014] FCAFC 8 (per North and Bromberg JJ).

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