v Fonterra Australia Pty Ltd Summary

[2025] FWC 2816

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) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Fonterra Australia Pty Ltd

(B2025/1457)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 22 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1110.

This matter concerns the declaration of the result of a protected action ballot PR789176 as varied[1] in matter B2025/1110 and declared on 22 August 2025.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have jointly applied 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.

Fonterra Australia Pty Ltd 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 22 September 2025.

DEPUTY PRESIDENT

[1] To correct the ballot closure date in clause 4 of the Order.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia jointly applied to the Fair Work Commission to extend the period during which industrial action could be authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009. The application sought an extension of the 30-day period for taking industrial action beyond the date originally authorised by the ballot. Fonterra Australia Pty Ltd did not object to the application.

The court had to determine whether the conditions set out in the Fair Work Act for extending the 30-day period had been met. Specifically, the court needed to confirm that the application was made by the applicant for the protected action ballot order, and that the period had not already been extended. The unions argued that they had fulfilled the statutory requirements, and that the extension should be granted. Fonterra did not contest the application.

In its decision, the court found that the unions had satisfied the requirements of the Act for an extension. The court concluded that the application met the statutory criteria and that the 30-day period should be extended by a further 30 days. The court ordered that the period for taking protected industrial action would be extended by an additional 30 days from the original expiry date. This order was to take effect from 22 September 2025.

v Fonterra Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established