v Bucher Municipal Pty Ltd Summary

[2025] FWC 2557

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)

Bucher Municipal Pty Ltd

(B2025/1356)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 29 AUGUST 2025

Application to extend the 30 day period in relation to B2025/1034.

This matter concerns the declaration of the result of a protected action ballot PR788600 held in matter B2025/1034 and declared on 7 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.

Bucher Municipal 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 6 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involves an application by the Australian Manufacturing Workers' Union (AMWU) to extend the period during which industrial action can be authorised following a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009, and concerns a ballot declared on 7 August 2025. The union sought an extension of the 30-day period for the commencement of protected industrial action for eligible employees employed by Bucher Municipal Pty Ltd. Bucher Municipal Pty Ltd did not object to the application.

The key legal issue for the Deputy President to determine was whether the union's application met the criteria set out in section 459(3) of the Act, which allows for an extension of the 30-day period if certain conditions are satisfied. The union argued that the requirements for an extension had been fulfilled, and that the period should be extended by a further 30 days from the expiry of the original 30 days. Bucher Municipal Pty Ltd did not raise any objections to the application.

After considering the application and the relevant provisions of the Act, the Deputy President concluded that the union had met all the necessary requirements for an extension. The union had applied to the Commission within the required timeframe, and the period had not been previously extended. The Deputy President was satisfied that the application should be granted, and accordingly, ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days from 6 September 2025. This order is in line with the provisions of section 459(3) of the Act.

v Bucher Municipal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established