v Cape Flattery Silica Mines Pty Ltd Summary

[2025] FWC 1475

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)

Cape Flattery Silica Mines Pty Ltd

(B2025/843)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 29 MAY 2025

Application to extend the 30 day period in relation to B2025/628.

This matter concerns the declaration of the result of a protected action ballot PR786133 held in matter B2025/628 and declared on 2 May 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.

Cape Flattery Silica Mines Pty 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 29 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), versus Cape Flattery Silica Mines Pty Ltd was brought before the Fair Work Commission (FWC) by the AMWU. This case revolved around an application to extend the 30-day period during which industrial action was authorised by a protected action ballot. The ballot, PR786133, was held in relation to matter B2025/628 and was declared on 2 May 2025. The AMWU sought to extend this 30-day period under section 459(3) of the Fair Work Act 2009 (the Act).

The legal issue before the FWC was whether the 30-day period for industrial action, as authorised by the protected action ballot, could be extended. The AMWU argued that the requirements of section 459(3) of the Act were met, and thus, the period should be extended by an additional 30 days. Section 459(3) of the Act stipulates that the FWC may extend the 30-day period if an applicant for the protected action ballot order applies for an extension and if the period has not been previously extended. The AMWU contended that both conditions were satisfied and requested the extension.

The FWC, represented by Deputy President Hampton, determined that the requirements for extending the 30-day period were indeed met, as the AMWU had applied for the extension and the period had not been previously extended. Additionally, Cape Flattery Silica Mines Pty Ltd did not object to the application. Consequently, the FWC granted the application, ordering that the 30-day period for the commencement of protected industrial action for eligible employees be extended by a further 30 days, effective from 29 May 2025. This decision was based on the clear satisfaction of the statutory requirements and the absence of objections from the employer.

v Cape Flattery Silica Mines Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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