Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 2317
What happened
The Applicant applied to the Fair Work Commission (FWC) to extend the period for industrial action authorized by a protected action ballot, PR799733, in matter B2026/489. The initial 30-day period had expired. Isis Central Sugar Mill Company Limited did not object to the application.
What was decided
The FWC granted the Applicant’s request to extend the industrial action period by a further 30 days, as per section 459(3) of the Fair Work Act 2009. The extension is valid from June 23, 2026. Industrial action taken between the expiry of the initial 30-day period and the date of this extension may not be protected.
What it means for employers
Employers should be aware that unions can apply to extend periods of authorized industrial action. They must monitor ballot results and potential applications for extensions, especially if industrial action is already underway or anticipated.
What it means for employees
Employees participating in industrial action should understand the limitations on protection if action occurs between the expiry of the initial period and any granted extension. Check with your union about the status of protected action periods.
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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 →