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

(B2025/1662, B2025/1663, B2025/1664, B2025/1665, B2025/1667, B2025/1668, B2025/1669)

Application to extend the 30 day period in relation to seven related protected action ballot order matters.

• [1] This Decision concerns the declaration of the results of seven (7) protected action ballots outlined in Annexure A that were declared on 10 October 2025.

• [2] Each of these protected action ballots relate to a fire protection service employer operating in South Australia that is authorised to bargain with other employers by way of a Single Interest Employer Authorisation[1] (Authorisation) issued by the Fair Work Commission on 23 June 2025 (collectively, the Employers).

• [3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made a separate application pursuant to s.459(3) of the Fair Work Act 2009 (Act) in relation to each protected action ballot order (PABO) set out in Annexure A. The applications seek to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

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

(1) Industrial action by employees is authorised by a protected action ballot if:

(b) at least 50% of the employees on the roll of votes for the ballot voted in the ballots; and

(c) more than 50% of the valid votes were votes approving the action; and

(i) during the 30 - day period starting on the date of the declaration of the results of the ballot; or

(ii) if the FWC has extended that period under subsection (3)--during the extended period.

Note: Under Division 2, industrial action by employees for a proposed enterprise agreement (other than employee response action) is not protected industrial action unless it has been authorised in advance by a protected action ballot

(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

• [5] The applications contend that each of the relevant requirements have been met and that the periods in each case should be extended by a further 30 days from the expiry of the original 30 days.

• [6] The National Fire Industry Association, which is authorised to act on behalf of each of the Employers, has advised the Commission it has no objection to this application.

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

• [8] 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 ballots set out in Annexure A and are employed by the relevant Employers, be extended in each case by a further 30 days.

• [9] This order will operate on and from 9 November 2025.

• [10] I observe that given that bargaining under the Authorisation continues, and no new enterprise agreement has yet been reached, it is open to one or more of the parties to seek the further assistance of the Commission under s.240 of the Act.

Section 459 Matter number

PR791860

PR791855

PR791858

PR791857

PR791853

PR791856

The Trustee for the Cavmar Unit Trust T/A Shield Fire Systems

PR791859

[1] B2025/736 (PR788154), as varied by B2025/1184 (PR790330) to add ARA Fire Protection Services Pty Ltd to the Authorisation.

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