Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 3301
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 (PR811960) declared on 24 July 2026, within matter B2026/803. Metro Trains Sydney did not object to the application.
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. The Commission found that the requirements of section 459(3) of the Fair Work Act 2009 were met. As the Deputy President Hampton stated, 'Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action...be extended by a further 30 days.' This extension is effective from 31 August 2026.
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. Failure to respond to such applications can result in the extension being granted by default.
What it means for employees
Employees should be aware of their rights regarding protected action and the possibility of extending the timeframe for industrial action. Unions can apply to extend the period, potentially 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