Fair Work Act 2009

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

Application to extend the 30 day period in relation to B2026/162.

[1] This matter concerns the declaration of the result of a protected action ballot PR797191 held in matter B2026/162 and declared on 17 March 2026.

[2] The United Workers' Union has made an application[1] 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] Puma Australia Pty Ltd trading as Puma has advised the Commission that it did not propose to make any submissions in relation to this application. No objections have been advanced.

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

[8] This order will operate on and from 16 April 2026.

[1] The application was not accompanied by a copy of the relevant order, and I have waived compliance with the Fair Work Rules 2024 to the extent necessary.

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