| [2025] FWC 2248 |
| 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
McCain Foods (Aust) Pty Ltd
(B2025/1226)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 1 AUGUST 2025 |
Application to extend the 30 day period in relation to B2025/1063.
This matter concerns the declaration of the result of a protected action ballot PR788734 held in matter B2025/1063 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
<PR790273>
- AGLC
- v McCain Foods (Aust) Pty Ltd [2025] FWC 2248
- Case
- [2025] FWC 2248
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Deputy President was whether the AMWU had satisfied the requirements of section 459(3) of the Act to justify an extension of the 30-day period for protected industrial action. The Deputy President considered whether the application was made by an applicant for the protected action ballot order and whether the period had not previously been extended. The Deputy President also needed to determine if the application met all the statutory criteria for an extension.
In reaching a decision, the Deputy President noted that the AMWU had made the application within the statutory timeframe and that the period had not been extended before. Furthermore, the Deputy President was satisfied that the application met the requirements of section 459(3) of the Act. Consequently, the Deputy President determined that the 30-day period should be extended by a further 30 days, from the expiry of the original 30 days.
The Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees employed by McCain Foods (Aust) Pty Ltd be extended by a further 30 days, effective from 13 August 2025. This decision was based on the fact that the AMWU had satisfied the statutory conditions for an extension under section 459(3) of the Fair Work Act 2009.
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