Australian Manufacturing Workers' Union (AMWU) v The Smith's Snackfood Company Pty Ltd

[2025] FWC 1233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

The Smith's Snackfood Company Pty Ltd

(B2025/734)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 MAY 2025

Application to extend the 30 day period in relation to B2025/495.

This matter concerns the declaration of the result of a protected action ballot PR785414 held in matter B2025/495 and declared on 2 April 2025.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(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.”

The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days from the expiry of the original 30 days.

Smith's Snackfood Company Pty Ltd has advised the Commission that they do not object to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 1 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to decide on an application by the Australian Manufacturing Workers' Union (AMWU) to extend the 30-day period in which industrial action is authorised by a protected action ballot. The AMWU sought to extend the period for employees of The Smith's Snackfood Company Pty Ltd, who were subject to ballot PR785414, declared on 2 April 2025. The company did not oppose the application. The legal issue before the Commission was whether the AMWU's application met the criteria set out in section 459(3) of the Fair Work Act 2009 (Act) to extend the period by up to 30 days.

The Fair Work Act 2009 allows the FWC to extend the 30-day period for protected industrial action if certain conditions are met. Section 459(3) specifies that the FWC may extend the period if an applicant applies for the extension and the period has not previously been extended. The AMWU argued that all necessary conditions were satisfied, and the period should be extended by an additional 30 days. The Smith's Snackfood Company Pty Ltd did not object to the application. Deputy President Hampton was satisfied that the AMWU's application met the requirements of the Act. Accordingly, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot be extended by a further 30 days. This order took effect from 1 May 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established