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

State of Victoria (Secretary to the Department of Education)

Application to extend the 30 day period in relation to B2026/54.

[1] This matter concerns the declaration of the result of a protected action ballot PR796177 held in matter B2026/54 and declared on 12 March 2026.

[2] The Australian Education Union 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] State of Victoria (Secretary to the Department of Education) has advised the Commission it has no 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 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 13 April 2026.

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