v Alcoa Portland Aluminium Pty Ltd T/A Alcoa Portland

[2025] FWC 2338

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

The Australian Workers' Union

Alcoa Portland Aluminium Pty Ltd T/A Alcoa Portland

(B2025/1264)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 AUGUST 2025

Application to extend the 30 day period in relation to 2025/1069.

This matter concerns the declaration of the result of a protected action ballot PR788819 held in matter 2025/1069 and declared on 24 July 2025.

The The Australian Workers' Union 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.

Alcoa Portland Aluminium Pty Ltd trading as Alcoa Portland has advised the Commission it has no 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 23 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union has applied to the Fair Work Commission for an extension of the 30-day period in which industrial action is authorised by a protected action ballot for employees of Alcoa Portland Aluminium Pty Ltd trading as Alcoa Portland. This application follows a protected action ballot held in relation to matter 2025/1069, which was declared on 24 July 2025. The Union seeks an extension under section 459(3) of the Fair Work Act 2009, which allows for the period to be extended by up to 30 days if certain conditions are met. Alcoa Portland has indicated it has no objection to the application.

The primary legal issue before the Commission was whether the application met the statutory requirements for an extension under section 459(3) of the Act. The Union argued that all conditions for an extension had been fulfilled, and that the 30-day period should be extended by an additional 30 days. The Commission had to determine if the Union's application satisfied the statutory criteria, particularly the requirement that the period had not been previously extended.

In considering the application, the Deputy President found that the Union had indeed met all the statutory requirements. The Commission was satisfied that the Union had applied for the extension within the permitted timeframe and that the 30-day period had not previously been extended. The Deputy President concluded that the application should be granted, and thus ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 23 August 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established