v Superior PAK Pty Ltd

[2025] FWC 2929

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)

Superior PAK Pty Ltd

(B2025/1529)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 1 OCTOBER 2025

Application to extend the 30 day period in relation to B2025/1310.

This matter concerns the declaration of the result of a protected action ballot PR790873 held in matter B2025/1310 and declared on 3 September 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.

Superior PAK 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 3 October 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 within which industrial action can be taken by employees who participated in a protected action ballot. The application concerns the ballot result declared on 3 September 2025, and the AMWU seeks an extension under section 459(3) of the Fair Work Act 2009. Superior PAK Pty Ltd, the employer, has not opposed the application. The AMWU argues that the 30-day period should be extended by an additional 30 days, as permitted by the Act.

The primary legal issue before the FWC was whether the AMWU's application met the requirements for an extension under section 459(3) of the Act. The Act allows the FWC to extend the 30-day period if an applicant for the protected action ballot order applies for the extension and if the period has not previously been extended. The AMWU's application contends that all necessary conditions have been satisfied and that the period should be extended by a further 30 days. The FWC needed to determine whether the AMWU's application complied with the statutory requirements and if it was appropriate to grant the requested extension.

The FWC found that the AMWU's application fulfilled the statutory criteria for an extension. The FWC noted that Superior PAK Pty Ltd had not raised any objections to the application, which was a crucial factor in the decision. Given that the AMWU had applied for the extension within the stipulated timeframe and that the period had not been extended previously, the FWC concluded that the application should be granted. The Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees be extended by an additional 30 days, starting from 3 October 2025. This decision ensures that the employees involved have sufficient time to potentially take industrial action as authorised by the ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established