| [2025] FWC 2975 |
| 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
Dow Performance Materials (Australia) Pty Ltd
(B2025/1545)
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 7 OCTOBER 2025 |
Application to extend the 30 day period in relation to B2025/1228.
This matter concerns the declaration of the result of a protected action ballot PR790286 held in matter B2025/1228 and declared on 12 September 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.
Dow Performance Materials (Australia) 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 12 October 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR792400>
- AGLC
- v Dow Performance Materials (Australia) Pty Ltd [2025] FWC 2975
- Case
- [2025] FWC 2975
- Decision Date
CaseChat Overview and Summary
The key legal issue the FWC needed to address was whether the AMWU's application met the requirements under section 459(3) of the Act. The section allows for an extension of the 30-day period if an applicant for the protected action ballot applies to the FWC for an extension and if the period has not previously been extended. The AMWU argued that both conditions were satisfied. The FWC found that the requirements were met and granted the extension, as Dow Performance Materials (Australia) Pty Ltd had no objections to the application.
The FWC's decision was based on the fact that the AMWU's application complied with the statutory requirements for extending the 30-day period. The FWC considered that the AMWU had fulfilled its obligations under section 459(3) of the Act by applying for the extension and that the period had not been previously extended. Given Dow Performance Materials (Australia) Pty Ltd's lack of objection, the FWC concluded that the application should be granted.
In accordance with section 459(3) of the Act, the FWC ordered 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 Dow Performance Materials (Australia) Pty Ltd be extended by a further 30 days. The extension will take effect from 12 October 2025.
Orders
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