v SC Hydro Pty Ltd Summary

[2025] FWC 1548

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)

SC Hydro Pty Ltd

(B2025/888)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 5 JUNE 2025

Application to extend the 30 day period in relation to B2025/667.

This matter concerns the declaration of the result of a protected action ballot PR786448 held in matter B2025/667 and declared on 12 May 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.

SC Hydro 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 10 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Australian Manufacturing Workers' Union (AMWU) to extend the 30-day period during which industrial action could be authorised by a protected action ballot held for employees of SC Hydro Pty Ltd. The Commission was asked to determine whether the application met the criteria under section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are satisfied. The application was made under the provisions of the Act, which required that the 30-day period had not been previously extended, and SC Hydro Pty Ltd did not object to the application.

The central legal issue before the Commission was whether the AMWU's application met the statutory criteria for an extension of the 30-day period. Specifically, the Commission had to determine if the AMWU had applied for the extension within the requisite timeframe and if the 30-day period had not already been extended previously. The Commission also needed to consider whether there were any grounds upon which to deny the application, even though SC Hydro Pty Ltd did not object. The Deputy President examined the application and the relevant sections of the Act to ascertain whether the statutory conditions for an extension had been met.

The Deputy President found that the AMWU's application complied with the statutory requirements outlined in section 459(3) of the Fair Work Act. The application was made within the allowable timeframe, and there was no indication that the 30-day period had been extended before. Given SC Hydro Pty Ltd's lack of objection, the Deputy President concluded that the application should be granted. The Commission determined that the extension was appropriate under the circumstances presented. Consequently, the Deputy President ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 10 June 2025.

In summary, the Fair Work Commission granted the AMWU's application to extend the 30-day period for industrial action, as the statutory criteria were met and no objections were raised by SC Hydro Pty Ltd. The extension was set to commence from 10 June 2025, providing a further 30 days for the commencement of industrial action by eligible employees.

v SC Hydro Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established