v NOV Australia Pty Ltd Summary

[2025] FWC 652

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)

NOV Australia Pty Ltd

(B2025/319)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 5 MARCH 2025

Application to extend the 30 day period in relation to B2025/146.

This matter concerns the declaration of the result of a protected action ballot PR783531 held in matter B2025/146 and declared on 6 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.

NOV Australia 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 7 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) made an application to the Fair Work Commission to extend the 30-day period in which industrial action could be authorised by a protected action ballot held in relation to NOV Australia Pty Ltd. This application was made under section 459(3) of the Fair Work Act 2009, which allows for an extension of up to 30 days if certain conditions are met. The union argued that these conditions had been satisfied, and the employer, NOV Australia Pty Ltd, did not object to the application.

The key legal issue before the Deputy President was whether the union's application met the statutory criteria for an extension, specifically whether the 30-day period had not already been extended previously and if the union had applied for the extension. The union asserted that both conditions were met, and the employer did not contest this claim.

The Deputy President found that the union's application fulfilled the requirements of the Act. Given that NOV Australia Pty Ltd did not object to the extension, and the union had applied within the permissible timeframe, the Deputy President was satisfied that the application should be granted. Accordingly, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 7 March 2025.

v NOV Australia Pty Ltd

CaseChat Overview and Summary

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