v Bundaberg Walkers Engineering Ltd

[2025] FWC 514

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)

Bundaberg Walkers Engineering Ltd

(B2025/269)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 FEBRUARY 2025

Application to extend the 30 day period in relation to B2025/13.

This matter concerns the declaration of the result of a protected action ballot PR783105 held in matter B2025/13 and declared on 23 January 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.

Bundaberg Walkers Engineering Ltd 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 21 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission (FWC) to extend the 30-day period in which industrial action is authorised by a protected action ballot. The ballot, declared on 23 January 2025, pertained to Bundaberg Walkers Engineering Ltd. Bundaberg Walkers Engineering Ltd did not object to the application. The AMWU sought an extension under section 459(3) of the Fair Work Act 2009, which allows for a 30-day extension if certain conditions are met.

The key legal issue for the FWC was whether the conditions specified in section 459(3) of the Act were satisfied. The FWC considered whether the AMWU, as the applicant for the protected action ballot order, had applied for an extension within the stipulated time frame, and whether the period had not previously been extended. The AMWU argued that both conditions were fulfilled, and thus the period should be extended by an additional 30 days.

After reviewing the application and the conditions set out in the Act, the FWC determined that the AMWU had met the requirements for an extension. The Deputy President Hampton found that the AMWU had applied for the extension in a timely manner and that the 30-day period had not been previously extended. Consequently, the FWC granted the application, extending the period for the commencement of protected industrial action by a further 30 days. This extension took effect from 21 February 2025.

The FWC issued an order under section 459(3) of the Fair Work Act 2009, extending the 30-day period for the commencement of protected industrial action for eligible employees by an additional 30 days. The order was effective from 21 February 2025, allowing the AMWU to initiate industrial action within the extended timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established