v Stramit Corporation Pty Limited

[2025] FWC 2091

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)

Stramit Corporation Pty Limited

(B2025/1135)

DEPUTY PRESIDENT HAMPTON

MELBOURNE, 18 JULY 2025

Application to extend the 30 day period in relation to B2025/893.

This matter concerns the declaration of the result of a protected action ballot PR787995 held in matter B2025/893 and declared on 23 June 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.

Stramit Corporation Pty Limited 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 22 July 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) to extend the 30-day period in which industrial action can be taken by employees who voted in favor of such action in a protected action ballot. The application is pursuant to section 459(3) of the Fair Work Act 2009, and it concerns the declaration of the result of a protected action ballot held in matter B2025/893 and declared on 23 June 2025. The union has applied to extend the 30-day period by a further 30 days, and Stramit Corporation Pty Limited has not objected to the application.

The primary legal issue before the Deputy President was whether the requirements of section 459(3) of the Act had been met, which would allow for the extension of the 30-day period. The Act provides that the FWC may extend the 30-day period by up to 30 days if certain conditions are met, including that the period has not previously been extended. The Deputy President was satisfied that the relevant requirements of the Act had been met and that the application should be granted.

In reaching this decision, the Deputy President noted that the union had applied for the extension within the time frame permitted by the Act, and that the 30-day period had not previously been extended. The Deputy President was also satisfied that the extension was necessary to ensure that the employees had sufficient time to take industrial action, given the circumstances of the case. Accordingly, the Deputy President granted the application and ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, from 22 July 2025.

The final orders of the Deputy President were 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 Stramit Corporation Pty Limited be extended by a further 30 days, from 22 July 2025. This decision provides clarity for the parties involved and ensures that the employees have sufficient time to take industrial action, if necessary, in pursuit of their bargaining objectives.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established