v Kempe Services Pty Ltd Summary

[2025] FWC 1184

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)

Kempe Services Pty Ltd

(B2025/675)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 29 APRIL 2025

Application to extend the 30 day period in relation to B2025/268.

This matter concerns the declaration of the result of a protected action ballot PR784576 held in matter B2025/268 and declared on 4 April 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.

Kempe Services 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 3 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) filed an application with the Fair Work Commission to extend the 30-day period in which industrial action can be authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009 in relation to ballot PR784576, which was declared on 4 April 2025. The application seeks to extend the period by an additional 30 days for eligible employees who were subject to the ballot and are employed by Kempe Services Pty Ltd. Kempe Services Pty Ltd has indicated that it has no objection to the application.

The central legal issue before the court was whether the AMWU's application met the statutory criteria for an extension under section 459(3) of the Act. The application must satisfy two conditions: an applicant for the protected action ballot order must apply to the FWC for the period to be extended, and the period must not have been previously extended. The AMWU argued that both conditions had been fulfilled, and the period should be extended by an additional 30 days.

The court found that the AMWU's application met the statutory criteria for an extension under section 459(3) of the Act. The court was satisfied that the AMWU had applied for the extension, and the period had not been previously extended. The court noted that Kempe Services Pty Ltd had no objection to the application. Consequently, the court granted the application and ordered that the 30-day period for the commencement of protected industrial action for eligible employees be extended by a further 30 days. This order will take effect from 3 May 2025.

v Kempe Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established