Application by CFMEU (105N)
Citation: [2026] FWC 2718
What happened
The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) to extend a 30-day period for industrial action authorized by a protected action ballot PR810657. This ballot was declared on June 18, 2026, in relation to matter B2026/599. The Australian Capital Territory did not object to the extension request.
What was decided
The Fair Work Commission granted the CFMEU’s application to extend the period for industrial action by a further 30 days. This extension applies to eligible employees who were subject to the ballot and are employed by the employer. The order came into effect on July 18, 2026, as per section 459(3) of the Fair Work Act 2009.
What it means for employers
Employers should be aware of the process for protected action ballots and the possibility of applications to extend the timeframe for industrial action. They need to engage with these processes and respond appropriately, as in this case where no objection was raised.
What it means for employees
Employees covered by a protected action ballot may see an extension to the period during which industrial action can occur. This could affect potential work stoppages or other forms of industrial 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 →