v Dollar Sweets Company Pty Limited

[2025] FWC 760

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)

Dollar Sweets Company Pty Limited

(B2025/486)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 17 MARCH 2025

Application to extend the 30 day period in relation to B2025/203.

This matter concerns the declaration of the result of a protected action ballot PR783956 held in matter B2025/203 and declared on 19 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.

Dollar Sweets Company Pty Limited has not advised the Commission of 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 20 March 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, known as the Australian Manufacturing Workers' Union (AMWU), has applied to the Fair Work Commission to extend the 30-day period in which industrial action is authorised by a protected action ballot. This application is in relation to a ballot held in matter B2025/203 and declared on 19 February 2025. The employer, Dollar Sweets Company Pty Limited, did not object to the application. The matter was decided by Deputy President Hampton of the Fair Work Commission.

The legal issue for the court to decide was whether the application met the requirements under section 459(3) of the Fair Work Act 2009 to extend the 30-day period. The requirements are that an applicant for the protected action ballot order must apply to the Commission for the period to be extended, and that the period has not previously been extended. The AMWU argued that both of these requirements had been met, and the period should be extended by a further 30 days.

The Deputy President was satisfied that the requirements of the Act had been met. The AMWU had applied to the Commission to extend the period, and the period had not previously been extended. Therefore, the application was granted. The 30 day period for the commencement of protected industrial action was extended by a further 30 days, operating from 20 March 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established