v Specialty Packaging Group Pty Ltd Trading As Opal Specialty Packaging Summary

[2025] FWC 2381

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)

Specialty Packaging Group Pty Ltd Trading As Opal Specialty Packaging

(B2025/1272)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 14 AUGUST 2025

Application to extend the 30 day period in relation to B2025/1059.

This matter concerns the declaration of the result of a protected action ballot PR788759 held in matter B2025/1059,[1] and declared on 15 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.

Specialty Packaging Group Pty Ltd Trading As Opal Specialty Packaging 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 14 August 2025.

DEPUTY PRESIDENT

[1] The Order was varied in PR788792.

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 for initiating industrial action under the Fair Work Act 2009, as authorised by a protected action ballot. The application was made to the Fair Work Commission and related to a ballot held under matter number B2025/1059, which was declared on 15 July 2025. Specialty Packaging Group Pty Ltd, trading as Opal Specialty Packaging, did not oppose the application.

The central legal issue was whether the conditions stipulated in section 459(3) of the Fair Work Act 2009 were satisfied, thereby justifying an extension of the 30-day period for the commencement of protected industrial action. The Act permits such an extension if the applicant for the protected action ballot order applies for it, and if the period has not been previously extended. The AMWU argued that both conditions were met and requested an additional 30 days from the expiry of the original 30-day period.

The Deputy President of the Fair Work Commission determined that the AMWU's application fulfilled the statutory requirements for an extension. Given that Specialty Packaging Group Pty Ltd had no objection, the Deputy President was satisfied that the application should be granted. Therefore, the 30-day period was extended by another 30 days, effective from 14 August 2025. This extension allowed eligible employees who participated in the ballot to continue to organise and undertake industrial action if necessary.

v Specialty Packaging Group Pty Ltd Trading As Opal Specialty Packaging

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established