v Sydney Trains Summary

[2025] FWC 133

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)

Sydney Trains

(B2025/43)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1617.

This matter concerns the declaration of the result of a protected action ballot PR782304 held in matter B2024/1617 and declared on 17 December 2024.

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.

Sydney Trains has advised the Commission they have 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 15 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, has applied to the Fair Work Commission (FWC) for an extension of the 30-day period in which industrial action can be authorised by a protected action ballot. The application relates to a ballot PR782304 that was declared on 17 December 2024. Sydney Trains, the employer, has not opposed the application. The court must determine whether the requirements of section 459(3) of the Fair Work Act 2009 have been met to justify an extension of the 30-day period.

The court considered the requirements of section 459(3) of the Act, which allows for an extension of the 30-day period if the applicant for the protected action ballot order applies to the FWC for the extension and if the period has not previously been extended. The AMWU has met both of these requirements, and Sydney Trains has no objections to the application. The court found that the AMWU had satisfied the statutory requirements and that the application should be granted.

The court granted the application, extending the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by Sydney Trains. The extension will be for an additional 30 days, starting from 15 January 2025. The court's decision is based on the AMWU meeting the requirements of section 459(3) of the Act and Sydney Trains not opposing the application.

The court ordered 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 Sydney Trains be extended by a further 30 days, effective from 15 January 2025.

v Sydney Trains

CaseChat Overview and Summary

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Background to the litigation

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