Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 2944
What happened
The Applicant applied to extend the period for protected industrial action. This followed a ballot (PR811129) declared on July 3, 2026, in relation to matter B2026/693. The Applicant sought an extension of up to 30 days under section 459(3) of the Fair Work Act 2009. The Respondent did not object and acknowledged employees’ rights to industrial action, noting they had begun a process for employees to vote on a proposed enterprise agreement.
What was decided
The Fair Work Commission granted the Applicant's application to extend the period of protected industrial action by a further 30 days. Deputy President Hampton found that the requirements of section 459(3) of the Fair Work Act were met. The extension applies to eligible employees who participated in the ballot and are employed by Bundaberg Brewed Drinks Pty Ltd, effective from August 4, 2026. As Bundaberg Brewed Drinks acknowledged “employees' and union members' right to continue protected industrial action until the bargaining process has been finalised”.
What it means for employers
Employers should be aware of the possibility of unions seeking extensions to periods of protected industrial action. It is important to engage constructively in bargaining processes and consider the impact of industrial action on operations.
What it means for employees
Employees who are part of a protected action ballot may benefit from extensions to the period during which they can take industrial action. This provides more time for negotiations with employers.
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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 →