Application by Australian Rail, Tram and Bus Industry Union (139V)
Citation: [2026] FWC 2397
What happened
The Applicant applied to extend the period for industrial action authorized by a protected action ballot. The ballot was held in relation to matter B2026/428 and declared on May 8, 2026. Section 459(3) of the Fair Work Act allows for extensions of up to 30 days. The Respondent did not object to the application.
What was decided
The Commissioner granted the Applicant's request to extend the period for industrial action by a further 30 days, bringing the total potential duration to 60 days from the ballot declaration. The decision followed precedent set in Energy Australia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union. Industrial action taken between the expiry of the initial 30-day period and the extension grant date may not be protected.
What it means for employers
Employers should be aware that unions can seek extensions to periods of authorized industrial action. They need to monitor ballot results and potential applications for extensions, as failure to object doesn't preclude a union from seeking an extension.
What it means for employees
Employees should understand the rules around protected industrial action and how its duration can be extended. Any industrial action taken during the period between the initial 30-day expiry and the grant of an extension may not have protection under the Fair Work Act.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc2397.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →