v Queensland Breweries Pty Ltd Summary

[2025] FWC 2516

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)

Queensland Breweries Pty Ltd

(B2025/1344)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 27 AUGUST 2025

Application to extend the 30 day period in relation to B2025/1145.

This matter concerns the declaration of the result of a protected action ballot PR789744 held in matter B2025/1145 and declared on 31 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.

Queensland Breweries Pty Ltd 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 30 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to extend the 30-day period in which industrial action was authorised by a protected action ballot held in relation to Queensland Breweries Pty Ltd. The AMWU applied to the Fair Work Commission (FWC) for an extension of this period under section 459(3) of the Fair Work Act 2009. Queensland Breweries Pty Ltd did not object to the application. The Deputy President of the FWC, Hampton, was tasked with determining whether the requirements of the Act had been satisfied and if the application should be granted.

The primary legal issue before the Deputy President was whether the conditions stipulated in section 459(3) of the Fair Work Act had been met to allow for the extension of the 30-day period. Section 459(3) permits the FWC to extend the period if the applicant for the protected action ballot order requests the extension and if the period has not already been extended. The AMWU argued that both conditions were satisfied and requested an extension of an additional 30 days. Queensland Breweries Pty Ltd did not oppose the application.

In making his decision, Deputy President Hampton found that the AMWU had satisfied the requirements under section 459(3) of the Act. Since Queensland Breweries Pty Ltd did not object to the application, and the 30-day period had not been previously extended, the Deputy President concluded that the application should be granted. He ordered that the 30-day period for the commencement of protected industrial action for eligible employees be extended by a further 30 days, effective from 30 August 2025.

v Queensland Breweries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established