Application by CFMEU (105N)
Citation: [2026] FWC 2731
What happened
The CFMEU applied to the Fair Work Commission (FWC) to extend a 30-day period for industrial action authorized by a protected action ballot in matter B2026/540. The ballot was declared on June 9, 2026. Section 459(3) of the Fair Work Act allows for extensions up to 30 days, provided certain conditions are met and the period hasn't been extended before. The Australian Capital Territory did not object to the application.
What was decided
The FWC granted the CFMEU’s application to extend the industrial action period by a further 30 days. This extension is valid from July 20, 2026. The decision follows precedent set by the Full Federal Court, which allows applications for extensions after the initial 30-day period expires. However, any industrial action taken between the expiry of the first 30 days and the date of the extension may not be protected.
What it means for employers
Employers should be aware of the possibility of applications to extend periods of authorized industrial action. They need to monitor ballot results and potential extensions to understand the timeframe for possible industrial action. The FWC's decision highlights that extensions are permissible, even after the initial 30-day period.
What it means for employees
Employees should be aware that protected industrial action periods can be extended by the Fair Work Commission. This may provide additional time for negotiations or potential industrial action. However, any action taken during a gap between the original and extended period might not have protection under the Act.
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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 →