v Amcor Flexibles (Australia) Pty Ltd Summary

[2025] FWC 2871

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)

Amcor Flexibles (Australia) Pty Ltd

(B2025/1493)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 25 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1248.

This matter concerns the declaration of the result of a protected action ballot PR790454 held in matter B2025/1248 and declared on 21 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 (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 25 September 2025.

DEPUTY PRESIDENT

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 for an extension of the 30-day period in which industrial action was authorised by a protected action ballot. The application was made against Amcor Flexibles (Australia) Pty Ltd, and the Commission was asked to extend the period under section 459(3) of the Fair Work Act 2009. The Commission was required to determine whether the application met the criteria for an extension and, if so, whether the extension should be granted.

The primary legal issue before the Commission was whether the AMWU's application satisfied the statutory requirements for an extension of the 30-day period for protected industrial action. Specifically, the Commission had to determine if the application was made by an applicant for the protected action ballot order and if the period had not previously been extended. The AMWU argued that both conditions were met, and the extension should be granted. Amcor Flexibles (Australia) Pty Ltd did not oppose the application.

The Deputy President considered the statutory criteria for granting an extension under section 459(3) of the Fair Work Act 2009. The Deputy President found that the AMWU's application was made by an applicant for the protected action ballot order, and the period had not previously been extended. The Deputy President was satisfied that the AMWU had met the statutory requirements for the extension. Consequently, 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 and were employed by the Employer be extended by a further 30 days. This order was to take effect from 25 September 2025.

v Amcor Flexibles (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established