Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 2308
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied to extend the period for industrial action authorized by a protected action ballot (PR799661) in matter B2026/487. The ballot was declared on 18 May 2026. Section 459(3) of the Fair Work Act allows for extensions of up to 30 days, provided certain conditions are met and the period hasn't been extended before. Isis Central Sugar Mill Company Limited did not object to the application.
What was decided
The Fair Work Commission granted the union’s application to extend the industrial action period by a further 30 days. The Deputy President found that the requirements of section 459(3) of the Fair Work Act were met. The extension is effective from 22 June 2026, impacting eligible employees employed by Isis Central Sugar Mill Company Limited who were subject to the ballot. As stated in the decision, 'Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action...be extended by a further 30 days.'
What it means for employers
Employers should be aware of the provisions in the Fair Work Act relating to extensions of protected action ballot periods. This demonstrates that unions can seek extensions, and employers need to monitor these applications and respond appropriately.
What it means for employees
Employees covered by a protected action ballot may benefit from an extension of the industrial action period. This provides additional time for potential bargaining or further action related to workplace matters.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →