v Bureau Veritas Minerals Pty Ltd T/A Bureau Veritas

Case [2025] FWC 887


[2025] FWC 887

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)

v

Bureau Veritas Minerals Pty Ltd T/A Bureau Veritas

(B2025/522)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 28 MARCH 2025

Application to extend the 30 day period in relation to B2025/14.

  1. This matter concerns the declaration of the result of a protected action ballot PR783093 held in matter B2025/14 and declared on 20 February 2025.

  1. 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.

  1. 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.”

  1. The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

  1. Bureau Veritas Minerals Pty Ltd trading as Bureau Veritas has advised the Commission that it does not have any objection to this application.

  1. I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

  1. 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.

  1. This order will operate on and from 28 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR785662>

Details
AGLC
v Bureau Veritas Minerals Pty Ltd T/A Bureau Veritas [2025] FWC 887
Case
[2025] FWC 887
Decision Date

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) has applied to the Fair Work Commission (FWC) for an extension of the 30-day period within which industrial action is authorised by a protected action ballot. The application concerns the result of a ballot declared on 20 February 2025 in matter B2025/14. Bureau Veritas Minerals Pty Ltd, trading as Bureau Veritas, does not object to the application. The AMWU seeks an extension pursuant to section 459(3) of the Fair Work Act 2009, which allows the FWC to extend the 30-day period if certain conditions are met. Specifically, the Act permits an extension if the applicant for the protected action ballot order applies for the extension and the period has not previously been extended.

The legal issue before the FWC was whether the AMWU's application met the statutory criteria for extending the 30-day period. The relevant provision of the Fair Work Act allows for an extension if the applicant has applied and the period has not been extended before. The AMWU's application satisfied these criteria, and the FWC determined that the statutory requirements had been fulfilled. Bureau Veritas Minerals Pty Ltd did not oppose the application, further supporting the FWC's decision.

Following a review of the statutory criteria and the circumstances of the application, the FWC Deputy President Hampton concluded that the AMWU's application met the requirements for an extension under section 459(3) of the Fair Work Act. The Deputy President granted the application, thereby extending the 30-day period for the commencement of protected industrial action by a further 30 days, effective from 28 March 2025. This decision ensures that eligible employees who were subject to the ballot and are employed by Bureau Veritas Minerals Pty Ltd have an additional 30 days within which to commence protected industrial action.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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