v Amcor Flexibles (Australia) Pty Ltd Summary

[2025] FWC 2815

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

United Workers' Union

Amcor Flexibles (Australia) Pty Ltd

(B2025/1474)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 22 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1247.

This matter concerns the declaration of the result of a protected action ballot PR790471 held in matter B2025/1247 and declared on 21 August 2025.

The United 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.

Amcor Flexibles (Australia) Pty Ltd 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 22 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application by the United Workers' Union for an extension to the 30-day period during which industrial action could be authorised by a protected action ballot. The application concerned the ballot held in matter B2025/1247, declared on 21 August 2025. The employer, Amcor Flexibles (Australia) Pty Ltd, did not object to the application. The Union sought an extension under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period by up to 30 days if certain conditions are met, including that the period has not been previously extended.

The legal issue before the Deputy President was whether the conditions specified in section 459(3) of the Act were satisfied, thereby warranting an extension of the 30-day period. The Union argued that it had applied for the extension within the timeframe prescribed by the Act and that the 30-day period had not previously been extended. The Deputy President found that the Union's application met the statutory criteria and that the employer had not raised any objections. Consequently, the Deputy President was satisfied that the requirements of the Act had been fulfilled.

The Deputy President granted the application and extended the 30-day period by an additional 30 days, effective from 22 September 2025. The decision was based on the Union's compliance with the statutory requirements and the absence of objections from the employer. The order provided that eligible employees, who were subject to the ballot and employed by the Employer, would have an extended period during which they could commence protected industrial action. This extension aimed to ensure that the employees could exercise their rights without being constrained by the original 30-day limitation.

v Amcor Flexibles (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established