v Nestle Australia Limited Summary

[2025] FWC 708

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)

Nestle Australia Limited

(B2025/465)

DEPUTY PRESIDENT HAMPTON

MELBOURNE, 12 MARCH 2025

Application to extend the 30 day period in relation to B2025/189.

This matter concerns the declaration of the result of a protected action ballot PR783790 held in matter B2025/189 and declared on 14 February 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.

Nestle Australia Limited has not advised the Commission of any 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 15 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) has applied to the Fair Work Commission to extend the 30-day period in which industrial action is authorised by a protected action ballot held in matter B2025/189. The matter was declared on 14 February 2025. The respondent, Nestle Australia Limited, has not objected to the application. The AMWU's application seeks an extension of this period under section 459(3) of the Fair Work Act 2009.

The legal issue for the Commission to determine is whether the requirements of section 459(3) of the Act have been met, thereby justifying an extension of the 30-day period. The Act allows for an extension if the applicant for the protected action ballot order applies to the Commission for the period to be extended and if the period has not previously been extended. The AMWU has satisfied both of these conditions.

In its decision, the Deputy President Hampton found that the requirements of section 459(3) of the Act were indeed met. The AMWU's application for an extension was timely, and there had been no previous extension of the period in question. Accordingly, the Deputy President granted the application and ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days. This extension will take effect from 15 March 2025.

v Nestle Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established