Section 459 — Fair Work Act 2009: Circumstances in which industrial action is authorised by protected action ballot

(1) Industrial action by employees is authorised by a protected action ballot if: (a) the action was the subject of the ballot; and (b) at least 50% of the employees on the roll of voters for the ballot voted in the ballot; and (c) more than 50% of the valid votes were votes approving the action; and (d) the action commences: (i) during the 30-day period starting on the date of the declaration of the results of the ballot; or (ii) if the FWC has extended that period under subsection (3)—during the extended period. Note: Under Division 2, industrial action by employees for a proposed enterprise agreement (other than employee response action) is not protected industrial action unless it has been authorised in advance by a protected action ballot. (2) If: (a) the nature of the proposed industrial action specified in the question or questions put to the employees in the protected action ballot included periods of industrial action of a particular duration; and (b) the question or questions did not specify that consecutive periods of that industrial action may be organised or engaged in; then only the first period in a series of consecutive periods of that industrial action is the subject of the ballot for the purposes of paragraph (1)(a). (3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if: (a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and (b) the period has not previously been extended.