Application by Mining and Energy Union (301V)
Citation: [2026] FWC 2663
What happened
The Mining and Energy Union applied to extend the period for industrial action authorized by a protected action ballot (PR810374) in relation to matter B2026/571. The ballot result was declared on June 17, 2026. Section 459(3) of the Fair Work Act allows the FWC to extend this period by up to 30 days if certain conditions are met, and the period hasn’t been extended before. Mangoola Coal Operations Pty Limited did not object to the application.
What was decided
The Fair Work Commission granted the Mining and Energy Union's application to extend the industrial action period by a further 30 days. The extension is effective from July 17, 2026. This means eligible employees covered by the ballot can now engage in protected industrial action for an additional 30 days beyond the initial timeframe.
What it means for employers
Employers should be aware of the process for protected action ballots and the possibility of applications to extend the authorized period of industrial action. It is important to monitor these situations and respond appropriately, as demonstrated by Mangoola Coal Operations Pty Limited’s non-objection in this case.
What it means for employees
Employees covered by a protected action ballot should be aware of the extended timeframe for engaging in protected industrial action. The extension allows for further negotiations or industrial action if desired by union members.
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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 →