v Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) Pty Ltd Summary

[2025] FWC 2759

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)

Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) Pty Ltd

(B2025/1433)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1245.

This matter concerns the declaration of the result of a protected action ballot PR790459 held in matter B2025/1245 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.

Ampcontrol SWG Pty Ltd and Ampcontrol Service (NSW) 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 20 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Australian Manufacturing Workers' Union (AMWU) filed an application with the Fair Work Commission to extend the period for which industrial action is authorised by a protected action ballot. The application was made in relation to a protected action ballot held under matter B2025/1245, declared on 21 August 2025. The respondents, Ampcontrol SWG Pty Ltd and Ampcontrol Service (NSW) Pty Ltd, did not object to the application. The primary issue for the Commission was whether the AMWU had satisfied the statutory requirements for an extension of the 30-day period under section 459(3) of the Fair Work Act 2009.

The Fair Work Commission considered whether the AMWU had met the criteria outlined in section 459(3) of the Act to extend the 30-day period for protected industrial action. The relevant subsection states that the Commission may extend the period by up to 30 days if the applicant for the protected action ballot applies for the extension, and if the period has not already been extended. The AMWU argued that it fulfilled all the necessary conditions for the extension, and thus, the period should be extended by a further 30 days from the original 30-day period. The respondents did not raise any objections to the application, thereby leaving no counterarguments for the Commission to consider.

Following the examination of the application and the absence of any objections from the respondents, the Deputy President Hampton found that the AMWU had satisfied the requirements of the Act. Consequently, the application was granted, and the 30-day period for the commencement of protected industrial action was extended by a further 30 days. This extension was set to commence on 20 September 2025. The decision was made based on the statutory provisions and the lack of opposition from the respondents.

The final order of the Fair Work Commission was that the 30-day period for the commencement of protected industrial action for eligible employees, who were subject to the ballot and employed by Ampcontrol SWG Pty Ltd and Ampcontrol Service (NSW) Pty Ltd, would be extended by an additional 30 days. This extension took effect from 20 September 2025.

v Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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