Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 3251
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied to the Fair Work Commission to extend the 30-day period for industrial action. This application relates to a protected action ballot (PR811940) held in matter B2026/804. The ballot was declared on 27 July 2026. Innovative Asset Solutions Pty Ltd, trading as UGL, did not object to the extension.
What was decided
The Fair Work Commission granted the union’s application to extend the 30-day period for industrial action by a further 30 days. Deputy President Hampton made the decision under section 459(3) of the Fair Work Act 2009. The extension applies to eligible employees who were subject to the ballot and are employed by Innovative Asset Solutions Pty Ltd trading as UGL. The order took effect on 26 August 2026. As the respondent had no objection, the Commission was satisfied the requirements of the Act were met.
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. It is important to engage with unions and the Fair Work Commission if such an application is made, as objecting may not be successful.
What it means for employees
Employees should be aware of their rights regarding industrial action and the process for extending the timeframe for protected action. Unions can apply to extend this period, allowing for further negotiations or 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