v Joy Global Australia Pty Ltd T/A Komatsu Summary

[2025] FWC 2117

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)

Joy Global Australia Pty Ltd T/A Komatsu

(B2025/1159)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 JULY 2025

Application to extend the 30 day period in relation to B2025/908.

This matter concerns the declaration of the result of a protected action ballot PR788068 held in matter B2025/908 and declared on 25 June 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.

Joy Global Australia Pty Ltd trading as Komatsu 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 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application by the Australian Manufacturing Workers' Union (AMWU) seeking to extend the 30-day period in which industrial action could be authorised by a protected action ballot. The ballot, PR788068, was declared on 25 June 2025 in relation to a dispute between the AMWU and Joy Global Australia Pty Ltd trading as Komatsu. The union applied under section 459(3) of the Fair Work Act 2009 to extend the 30-day period by up to an additional 30 days. The employer, Komatsu, did not object to the application.

The legal issue before the Commission was whether the application met the requirements set out in section 459(3) of the Act, specifically whether the 30-day period had not previously been extended and whether the union had applied to the Commission for an extension. The Commission found that both requirements had been satisfied, and therefore the application should be granted. The union had applied for the extension within the prescribed time frame, and the period had not previously been extended.

The Deputy President concluded that the union's application met the statutory criteria and that the 30-day period should be extended by a further 30 days. The extension would commence from 25 July 2025, the day after the original 30-day period expired. The Deputy President made the order under section 459(3) of the Act, allowing the union to take protected industrial action for an additional 30 days beyond the original period.

v Joy Global Australia Pty Ltd T/A Komatsu

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established