Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 3018
What happened
The Applicant applied to extend the period for industrial action authorized by a protected action ballot (PR811246) in relation to matter B2026/702. The ballot result was declared on July 6, 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. The Respondent and the Second Respondent did not object to the application.
What was decided
The Fair Work Commission (FWC) granted the Applicant’s application to extend the 30-day period for commencing protected industrial action by a further 30 days. As stated in the decision, 'I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.' This extension applies to eligible employees subject to the ballot and employed by BHP WAIO Pty Ltd and BHP Iron Ore Pty Ltd.
What it means for employers
Employers should be aware of the provisions in the Fair Work Act relating to protected action ballots and the possibility of applications to extend the timeframe for industrial action. The decision highlights that a lack of objection from an employer does not automatically prevent such extensions being granted by the FWC.
What it means for employees
Employees covered by a protected action ballot should be aware of their rights regarding industrial action, including the possibility of extended timeframes for commencing action. This can provide additional leverage in 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 →