v The Star Entertainment Qld Limited Summary

[2025] FWC 2155

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)

The Star Entertainment Qld Limited

(B2025/1174)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 JULY 2025

Application to extend the 30 day period in relation to B2025/917.

This matter concerns the declaration of the result of a protected action ballot PR788155 held in matter B2025/917 and declared on 26 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.

The Star Entertainment Qld 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 26 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission (FWC) to extend the 30-day period for industrial action authorized by a protected action ballot, held in relation to The Star Entertainment Qld Limited. This application was made pursuant to section 459(3) of the Fair Work Act 2009, which allows for such an extension under certain conditions. The protected action ballot, identified as PR788155, was declared on 26 June 2025, and the union sought to extend the 30-day period from this date. The employer, The Star Entertainment Qld Limited, did not object to the application.

The primary legal issue before the Deputy President was whether the AMWU had met the statutory requirements for extending the 30-day period for initiating industrial action. The Act permits the extension if the applicant for the protected action ballot applies to the FWC and if the period has not previously been extended. The union argued that both conditions were satisfied, and therefore, the period should be extended by an additional 30 days. The employer did not oppose the application.

After reviewing the application and the relevant statutory provisions, the Deputy President concluded that the union had fulfilled the conditions necessary for the extension. Consequently, the Deputy President granted the application, extending the 30-day period for the commencement of protected industrial action for eligible employees by an additional 30 days from the expiry of the original 30-day period. This extension took effect from 26 July 2025.

v The Star Entertainment Qld Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established