“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Otis Elevator Company Pty Ltd

[2025] FWC 2796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v

Otis Elevator Company Pty Ltd

(B2025/1426)

COMMISSIONER FOX

MELBOURNE, 18 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1241.

This matter concerns the declaration of the result of a protected action ballot PR790395 held in matter B2025/1241 and declared on 19 August 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 (the 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.

On 12 September 2025, Otis Elevator Company Pty Ltd advised it objected to the application. On 17 September 2025, Otis Elevator Company Pty Ltd advised that it withdrew its objection.

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 18 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission (FWC) for an extension of the 30-day period for protected industrial action authorised by a ballot held on 19 August 2025. The application was made pursuant to section 459(3) of the Fair Work Act 2009 (the Act). Otis Elevator Company Pty Ltd initially objected to the application but subsequently withdrew its objection. The AMWU sought to extend the 30-day period by an additional 30 days, which would apply to eligible employees subject to the ballot.

The primary legal issue for the Commissioner to determine was whether the requirements of section 459(3) of the Act were satisfied to allow for the extension of the 30-day period. Specifically, the Commissioner had to ascertain whether the applicant (AMWU) had applied for the extension, and whether the 30-day period had not previously been extended. The Commissioner needed to consider these criteria to decide if the application should be granted. The Commissioner also needed to consider Otis Elevator Company Pty Ltd's withdrawn objection to the application.

The Commissioner found that the AMWU had met all the requirements for the extension under section 459(3) of the Act. The application was made by the applicant within the stipulated time frame, and the 30-day period had not been extended previously. Otis Elevator Company Pty Ltd's objection had been withdrawn, and the Commissioner was satisfied that the application should be granted. Therefore, the Commissioner ordered that the 30-day period for the commencement of protected industrial action for eligible employees employed by Otis Elevator Company Pty Ltd be extended by a further 30 days, effective from 18 September 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established