ENTERPRISE BARGAINING – protected action ballot – s.459 Fair Work Act 2009 – application to extend period in which industrial action is authorised by protected action ballot by a further 30 days – application opposed – employer claimed Union was stalling finalisation of bargaining – jurisdictional prerequisites in s.459(3) met – exercise of discretion required – Commission to consider relevant criteria in the discretionary exercise – Commission satisfied Union was still genuinely trying to reach an agreement with the employer – employer concerns regarding the Union’s alleged stalling not determinative – no good reason for refusal of extension of protected action period – application to extend protected action period by a further 30 days approved – orders made. Transport Workers’ Union of Australia.
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