| [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.
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.
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.
Bureau Veritas Minerals Pty Ltd trading as Bureau Veritas has advised the Commission that it does not have 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 28 March 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR785662>
- 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 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.
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