v Crown Equipment Pty Limited

[2025] FWC 1719

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)

Crown Equipment Pty Limited

(B2025/950)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 18 JUNE 2025

Application to extend the 30 day period in relation to B2025/769.

This matter concerns the declaration of the result of a protected action ballot PR787191 held in matter B2025/769 and declared on 26 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.

Crown Equipment Pty Limited 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 25 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission for an extension of the 30-day period during which industrial action was authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009, in relation to a ballot conducted in matter B2025/769. The AMWU sought an extension beyond the initial 30-day period, which had been declared on 26 May 2025. Crown Equipment Pty Limited did not oppose the application.

The central legal issue was whether the AMWU had met the statutory criteria for an extension of the 30-day period. The Fair Work Act 2009 permits the Commission to extend the period if the applicant for the protected action ballot applies for the extension and if the period has not already been extended. The AMWU argued that all conditions were satisfied, and the extension should be granted. The Deputy President Hampton reviewed the application and determined that the AMWU had indeed met the requirements of the Act. The Deputy President was satisfied that the AMWU had applied for the extension within the prescribed timeframe and that the 30-day period had not previously been extended.

Consequently, the Deputy President Hampton granted the AMWU's application. Pursuant to section 459(3) of the Act, the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by Crown Equipment Pty Limited was extended by a further 30 days. This order came into effect from 25 June 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established