v Solvay Interox Pty. Ltd.

[2025] FWC 2687

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)

Solvay Interox Pty. Ltd.

(B2025/1416)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 10 SEPTEMBER 2025

Application to extend the 30 day period in relation to B2025/1187.

This matter concerns the declaration of the result of a protected action ballot PR790153 held in matter B2025/1187 and declared on 13 August 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.

Solvay Interox 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 s.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 12 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) has applied to the Fair Work Commission (FWC) for an extension of the 30-day period during which industrial action may be authorised by a protected action ballot, in relation to Solvay Interox Pty. Ltd. The AMWU requested this extension under section 459(3) of the Fair Work Act 2009, following a ballot that was declared on 13 August 2025. Solvay Interox Pty. Ltd. did not object to the application.

The key legal issue before the Deputy President was whether the AMWU had satisfied the conditions set out in section 459(3) of the Fair Work Act 2009 to warrant an extension of the 30-day period for industrial action. Specifically, the court needed to determine if the AMWU had applied for the extension before the initial 30-day period expired and if the period had not already been extended previously.

In considering the application, the Deputy President found that the AMWU had met both conditions required by section 459(3) of the Fair Work Act 2009. There was no objection from Solvay Interox Pty. Ltd. to the extension. Therefore, the Deputy President concluded that the application should be granted. The 30-day period for commencing protected industrial action was extended by a further 30 days, effective from 12 September 2025.

This decision ensures that the AMWU can proceed with any authorised industrial action within the extended timeframe, provided all legal and procedural requirements are met.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established