v Ford Motor Company of Australia Pty Ltd

Case [2025] FWC 2902


[2025] FWC 2902

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

Ford Motor Company of Australia Pty Ltd

(B2025/1514)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 29 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1317.

  1. This matter concerns the declaration of the result of a protected action ballot PR790893 held in matter B2025/1317 and declared on 4 September 2025.

  1. 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.

  1. 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.”

  1. 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.

  1. The Ford Motor Company of Australia Pty Ltd has advised the Commission it has no objection to this application.

  1. I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

  1. 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.

  1. This order will operate on and from 4 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR792217>

Details
AGLC
v Ford Motor Company of Australia Pty Ltd [2025] FWC 2902
Case
[2025] FWC 2902
Decision Date

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), represented by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, applied to the Fair Work Commission to extend the 30-day period for protected industrial action under section 459(3) of the Fair Work Act 2009. The application was in relation to a protected action ballot declared on 4 September 2025. Ford Motor Company of Australia Pty Ltd, the employer in question, did not object to the application. The key legal issue was whether the requirements of the Fair Work Act for extending the period had been satisfied.

The Deputy President of the Fair Work Commission, Wright, considered the application under section 459(3) of the Act. This section allows for the extension of the 30-day period by up to an additional 30 days, provided that the applicant for the protected action ballot order applies to the Commission and that the period has not previously been extended. The AMWU argued that both conditions were met. Given that Ford Motor Company of Australia Pty Ltd had no objections, the Deputy President found that the requirements for an extension were indeed satisfied. Thus, the application was granted, and the 30-day period for the commencement of protected industrial action was extended by a further 30 days.

As a result of the Deputy President's decision, the 30-day period for the commencement of protected industrial action was extended by an additional 30 days. This extension was to apply from 4 October 2025. The decision was made in accordance with section 459(3) of the Fair Work Act, ensuring that the application's requirements were met and that no objections were raised by the employer. This extension provided the employees with additional time to consider and potentially undertake industrial action.

Orders

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Background

Background to the litigation

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Evidence

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Decision

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Ratio Decidendi

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