v KONE Elevators Pty Ltd Summary

[2025] FWC 1984

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)

KONE Elevators Pty Ltd

(B2025/1113)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 JULY 2025

Application to extend the 30 day period in relation to B2025/886.

This matter concerns the declaration of the result of a protected action ballot PR787895 held in matter B2025/886 and declared on 19 June 2025.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU or Applicant) 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.

KONE Elevators 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 18 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union (AMWU or Applicant), has made an application to the Fair Work Commission (FWC) to extend the 30-day period in which industrial action is authorised by the protected action ballot PR787895. The application concerns the declaration of the result of the ballot held in matter B2025/886, which was declared on 19 June 2025. KONE Elevators Pty Ltd, the employer, has no objection to this application.

The legal issue before the FWC was whether the 30-day period for the commencement of protected industrial action could be extended under section 459(3) of the Fair Work Act 2009 (Act). The Act allows for the extension of the 30-day period if certain conditions are met, including that the period has not previously been extended. The AMWU argued that the relevant requirements were met and that the period should be extended by a further 30 days. The Deputy President of the FWC, Hampton, was satisfied that the relevant requirements had been met and that the application should be granted.

The FWC found that the AMWU had met the relevant requirements of the Act, and thus granted the application. The 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by KONE Elevators Pty Ltd was extended by a further 30 days. This order will operate from 18 July 2025. The Deputy President Hampton issued this order pursuant to section 459(3) of the Act.

In conclusion, the FWC granted the AMWU's application to extend the 30-day period for the commencement of protected industrial action for eligible employees employed by KONE Elevators Pty Ltd. The extension will operate from 18 July 2025.

v KONE Elevators Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established