v Otis Elevator Company Pty Ltd

[2025] FWC 2464

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)

Otis Elevator Company Pty Ltd

(B2025/1309)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 AUGUST 2025

Application to extend the 30 day period in relation to B2025/1096.

This matter concerns the declaration of the result of a protected action ballot PR788959 held in matter B2025/1096 and declared on 21 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.

Otis Elevator Company Pty Ltd did not advise the Commission of any objection to this application. I observe that the parties agreed that a (continuing) safety undertaking would apply to notices of protected industrial action.

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 21 August 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), applied to the Fair Work Commission (FWC) for an extension of the 30-day period during which industrial action could be taken under a protected action ballot. The application was made in relation to a ballot held in matter B2025/1096 and declared on 21 July 2025. Otis Elevator Company Pty Ltd, the employer, did not object to the application. The union sought to extend the 30-day period for commencing protected industrial action by a further 30 days, in accordance with section 459(3) of the Fair Work Act 2009.

The central legal issue before the Deputy President was whether the AMWU's application met the statutory criteria for extending the 30-day period for industrial action under the Fair Work Act. The union argued that it had fulfilled all necessary requirements, including submitting the application to the FWC and ensuring that the period had not previously been extended. The Deputy President accepted that the application met the statutory criteria and granted the extension, noting that the employer had not raised any objections.

In reaching the decision, the Deputy President considered the union's application and the employer's lack of objection. The parties had also agreed on a continuing safety undertaking concerning notices of protected industrial action. The Deputy President concluded that the union's application satisfied the requirements of the Act and granted the requested extension. Consequently, the 30-day period for the commencement of protected industrial action was extended by an additional 30 days, effective from 21 August 2025.

The Fair Work Commission ordered 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 Otis Elevator Company Pty Ltd be extended by a further 30 days, starting from 21 August 2025. This decision was made in accordance with section 459(3) of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established