v Thales Australia Limited T/A Thales Australia Summary

[2025] FWC 118

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)

Thales Australia Limited T/A Thales Australia

(B2025/46)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 14 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1588.

This matter concerns the declaration of the result of a protected action ballot PR782055 held in matter B2024/1588 and declared on 18 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.

Thales Australia Limited 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 16 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involves the Australian Manufacturing Workers' Union (AMWU) and Thales Australia Limited. The AMWU has sought an extension of the 30-day period in which industrial action can be authorised by a protected action ballot. The dispute arises from ballot PR782055, declared on 18 December 2024, related to matter B2024/1588. The AMWU argues that the 30-day period for commencing protected industrial action should be extended by an additional 30 days under section 459(3) of the Fair Work Act 2009. Thales Australia Limited has indicated it has no objections to the application.

The key legal issue before the Commission was whether the application met the requirements set out in section 459(3) of the Fair Work Act 2009. This section allows for an extension of the 30-day period if the applicant for the protected action ballot order applies to the Commission for the period to be extended and if the period has not previously been extended. The AMWU argued that all conditions were satisfied, and Thales Australia Limited did not oppose the extension. The Deputy President considered the application against these statutory criteria and concluded that the AMWU's request was valid.

Upon reviewing the application and Thales Australia Limited's lack of objection, the Deputy President determined that the AMWU had fulfilled the statutory requirements for an extension. The Commission found that the 30-day period for the commencement of protected industrial action for eligible employees, who were subject to the ballot and employed by Thales Australia Limited, should be extended by a further 30 days. This extension would commence on 16 January 2025. The decision was based on the AMWU's compliance with the legislative prerequisites and Thales Australia Limited's non-opposition.

The final order of the Fair Work Commission is 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 Thales Australia Limited be extended by a further 30 days. This extension will take effect from 16 January 2025. The Commission's decision is based on the satisfaction of statutory conditions and the absence of objections from Thales Australia Limited.

v Thales Australia Limited T/A Thales Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established