v McCain Foods (Aust) Pty Ltd

[2025] FWC 2246

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)

McCain Foods (Aust) Pty Ltd

(B2025/1225)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 1 AUGUST 2025

Application to extend the 30 day period in relation to B2025/1065.

This matter concerns the declaration of the result of a protected action ballot PR788731 held in matter B2025/1065 and declared on 14 July 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.

McCain Foods (Aust) 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 13 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" (AMWU), known as the Australian Manufacturing Workers' Union, to extend the 30-day period during which industrial action can be authorised by a protected action ballot. The application was made in relation to matter B2025/1225, which concerns the declaration of the result of a ballot, PR788731, held on 14 July 2025. The application is pursuant to section 459(3) of the Fair Work Act 2009, seeking to extend the authorisation period by an additional 30 days. McCain Foods (Aust) Pty Ltd, the employer, has not opposed the application.

The central legal issue the Commission had to address was whether the conditions stipulated in section 459(3) of the Fair Work Act had been satisfied. These conditions include that the applicant for the protected action ballot order must apply to the Fair Work Commission for an extension, and the period must not have been extended previously. The AMWU argued that both conditions were met and that the extension should be granted.

In its decision, the Commission found that the AMWU had indeed satisfied the statutory requirements. McCain Foods (Aust) Pty Ltd's lack of objection further supported the application. The Deputy President concluded that the application should be granted, thereby extending the authorisation period for protected industrial action by an additional 30 days, effective from 13 August 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established