Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 3021
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied to extend the period for industrial action authorised by a protected action ballot (PR811801) in matter B2026/781. Newcastle Coal Infrastructure Group Pty Ltd did not object to the application. The initial 30-day period was due to expire soon.
What was decided
The Fair Work Commission granted the union’s application to extend the industrial action period by a further 30 days, as allowed under section 459(3) of the Fair Work Act 2009. The extension is effective from August 13, 2026. Newcastle Coal Infrastructure Group Pty Ltd did not oppose the extension. As the Deputy President Hampton stated, 'I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.'
What it means for employers
Employers involved in protected action ballots should be aware of the possibility of applications to extend the industrial action period. The Commission can grant extensions if certain conditions are met, even without objection from the employer.
What it means for employees
Employees covered by a protected action ballot may benefit from an extension of the period during which industrial action is authorised. This could potentially lead to further negotiations or action regarding workplace matters.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc3021.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need this week sorted? A 7-Day Pass is 50 questions over 7 days, no account. Get a 7-Day Pass — $14.99
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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