"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Wingham Beef Exports Pty Limited

[2025] FWC 2162

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)
v

Wingham Beef Exports Pty Limited

(B2025/1175)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 JULY 2025

Application to extend the 30 day period in relation to B2025/923.

This matter concerns the declaration of the result of a protected action ballot PR788199 held in matter B2025/923 and declared on 27 June 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.

Wingham Beef Exports Pty Limited has not advised the Commission of any objection 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 26 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application by the Australian Manufacturing Workers' Union (AMWU) to extend the 30-day period for protected industrial action, which was initially authorised by a ballot held on 27 June 2025. This application was pursuant to section 459(3) of the Fair Work Act 2009 and related to the industrial dispute with Wingham Beef Exports Pty Limited. Wingham Beef Exports Pty Limited did not object to the application. The central legal issue was whether the conditions stipulated in section 459(3) of the Act were satisfied, which would allow the Commission to extend the period by an additional 30 days.

The Deputy President Hampton of the FWC found that the requirements of section 459(3) were indeed met. The application for the extension was made by the AMWU, an applicant for the protected action ballot order, and the 30-day period had not previously been extended. Therefore, the Deputy President concluded that the application should be granted. The reasoning was based on the explicit terms of the Act and the absence of any objections from Wingham Beef Exports Pty Limited.

In light of the findings, the Deputy President Hampton ordered that the 30-day period for the commencement of protected industrial action for eligible employees be extended by a further 30 days, effective from 26 July 2025. This decision aligns with the statutory provisions and the application's compliance with the necessary conditions. The extension ensures that the employees can continue to pursue their industrial action under the authorised ballot, subject to the new timeline.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established