v Robert Bosch (Australia) Pty Ltd

[2025] FWC 339

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)

Robert Bosch (Australia) Pty Ltd

(B2025/208)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 6 FEBRUARY 2025

Application to extend the 30 day period in relation to B2024/1661.

This matter concerns the declaration of the result of a protected action ballot PR782643 held in matter B2024/1661 and declared on 10 January 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.

Robert Bosch (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 8 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application from the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), to extend the 30-day period in which industrial action could be taken following a protected action ballot. The application was brought under section 459(3) of the Fair Work Act 2009. The protected action ballot, PR782643, was held in relation to matter B2024/1661 and was declared on 10 January 2025. The employer, Robert Bosch (Australia) Pty Ltd, did not object to the application. The AMWU sought an extension of the 30-day period for commencing industrial action authorised by the ballot. The Deputy President concluded that the requirements for an extension under the Act were met and granted the application. The extension allows the 30-day period for commencing protected industrial action to be extended by a further 30 days, effective from 8 February 2025.

The key legal issue before the Commission was whether the AMWU had satisfied the statutory requirements for extending the 30-day period for protected industrial action under section 459(3) of the Fair Work Act 2009. The requirements are that the applicant must have applied for an extension and that the period has not previously been extended. The AMWU had made the application and the period had not been extended before. Robert Bosch did not oppose the application. The Commission found that the AMWU had met the statutory requirements.

Based on the facts presented, the Deputy President was satisfied that the AMWU had fulfilled the statutory requirements for extending the 30-day period for protected industrial action. The application was made by the AMWU, who is the applicant for the ballot order, and the period had not been extended before. With Robert Bosch not opposing the application, the Deputy President concluded that the requirements under section 459(3) of the Act had been met. Accordingly, the application to extend the period was granted. The 30-day period for commencing protected industrial action for eligible employees was extended by a further 30 days, effective from 8 February 2025.

Pursuant to section 459(3) of the Fair Work Act 2009, 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 Robert Bosch (Australia) Pty Ltd be extended by a further 30 days, effective from 8 February 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established