When is the deadline for window to commence protected industrial action after declaration of ballot results?
The catalogue records a 30 days period from the date of the declaration of the results of the protected action ballot. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
This page is in preparation. It does not offer an automated deadline or a paid record until the missing source or calculator evidence is complete.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
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Calculation basis and source
- Period
- 30 days
- Trigger
- the date of the declaration of the results of the protected action ballot
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Section 459(3): the FWC MAY extend the 30-day period by UP TO 30 days, but only if (a) an applicant for the protected action ballot order applies for the extension and (b) the period has not previously been extended. One extension only. Never compute the extension.
- COUNT MODE EXCEPTION: the period is 'starting on the date of the declaration', which expressly includes the declaration day, so this is first-day-included, unlike almost every other Fair Work Act period. The window is a substantive precondition to immunity, not a filing deadline, so the s 36(2) weekend/holiday rollover does not extend it - hence rollover 'none'. Rule 78 of the Fair Work Commission Rules 2024 governs the application to extend.