Application by Australian Rail, Tram and Bus Industry Union (139V)
Citation: [2026] FWC 2430
What happened
The Applicant applied to extend the period for industrial action authorized by a protected action ballot (PR810151) in matter B2026/545. The ballot result was declared on May 27, 2026. Section 459(3) of the Fair Work Act allows for extensions of up to 30 days if certain conditions are met. the Respondent did not object to the application.
What was decided
The Fair Work Commission granted the Applicant’s application to extend the period for industrial action by a further 30 days. The extension is effective from June 29, 2026. The Commissioner found that the requirements of section 459(3) of the Fair Work Act had been met and that the initial 30-day period should be extended. As stated in the decision: '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 involved in protected action ballots should be aware of the possibility of applications to extend the authorized industrial action period. They need to respond promptly to such applications, as in this case where the Respondent did not object.
What it means for employees
Employees covered by a protected action ballot may see the period during which industrial action is permitted extended. This can provide additional time for negotiations and potential action.
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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 →