Application by CFMEU (105N)
Citation: [2026] FWC 3305
What happened
The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission to extend the period for protected industrial action. This action relates to matter B2026/871 and a protected action ballot PR812462 declared on August 14, 2026. The CFMEU sought a 30-day extension to the initial 30-day period. ACFS Port Logistics Pty Limited, the employer, did not object to the application.
What was decided
The Fair Work Commission granted the CFMEU’s application to extend the period for protected industrial action. Deputy President Hampton ruled that the requirements of section 459(3) of the Fair Work Act 2009 were met. The 30-day period for commencing protected industrial action is extended by a further 30 days, effective from September 13, 2026. As stated in paragraph 6, '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 should be aware of the process for protected industrial action and the possibility of applications to extend the timeframe for industrial action. It is important to respond to such applications and raise any objections promptly, as failure to do so can result in the extension being granted by default.
What it means for employees
Employees should be aware of their rights regarding protected industrial action and the possibility of extensions to the timeframe for commencing industrial action. This can provide additional opportunities to pursue workplace claims through industrial 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