v Transit Systems (Victoria) Pty Ltd Summary

[2025] FWC 3000

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)

Transit Systems (Victoria) Pty Ltd

(B2025/1544)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 8 OCTOBER 2025

Application to extend the 30 day period in relation to B2025/1349.

This matter concerns the declaration of the result of a protected action ballot PR791141 held in matter B2025/1349 and declared on 10 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.

Transit Systems (Victoria) Pty Ltd 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 10 October 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, known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission for an extension of the 30-day period in which industrial action could be authorised by a protected action ballot. The application was made in relation to a ballot held in matter B2025/1349, declared on 10 September 2025. Transit Systems (Victoria) Pty Ltd, the employer, did not object to the application. The Deputy President was required to determine whether the AMWU had met the statutory requirements to extend the period, as outlined in section 459(3) of the Fair Work Act 2009.

The primary legal issue before the Deputy President was whether the AMWU had satisfied the conditions under section 459(3) of the Act to extend the 30-day period for protected industrial action. Section 459(3) of the Act allows for an extension of up to 30 days if the applicant for the protected action ballot order applies to the Fair Work Commission and the period has not previously been extended. The Deputy President found that the AMWU had met the statutory requirements as they had applied for the extension and the period had not been extended previously. The employer did not object to the application, and thus, the Deputy President was satisfied that the application should be granted.

In light of the above, the Deputy President concluded that the AMWU had met the statutory requirements to extend the 30-day period. Pursuant to section 459(3) of the Act, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and were employed by the Employer be extended by a further 30 days. This order took effect from 10 October 2025.

v Transit Systems (Victoria) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established