v UGL Rail (North Queensland) Pty Ltd

[2025] FWC 710

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)

UGL Rail (North Queensland) Pty Ltd

(B2025/421)

DEPUTY PRESIDENT HAMPTON

MELBOURNE, 12 MARCH 2025

Application to extend the 30 day period in relation to B2025/144.

This matter concerns the declaration of the result of a protected action ballot PR783551 held in matter B2025/144 and declared on 6 February 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.

UGL Rail (North Queensland) 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 7 March 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), sought an extension of the 30-day period for commencing protected industrial action against UGL Rail (North Queensland) Pty Ltd. The dispute was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009. The AMWU had conducted a protected action ballot (PR783551) declared on 6 February 2025, which authorised industrial action for 30 days. The AMWU applied to the FWC to extend this period by an additional 30 days, in accordance with section 459(3) of the Act.

The legal issue before the FWC was whether the AMWU's application met the statutory criteria for extending the 30-day period. Specifically, the FWC had to determine if the application was made by an applicant for the protected action ballot order and if the period had not previously been extended. The AMWU argued that both conditions were satisfied and that the extension should be granted. UGL Rail (North Queensland) Pty Ltd did not oppose the application.

The FWC concluded that the AMWU's application fulfilled the statutory requirements for an extension under section 459(3) of the Act. The Deputy President was satisfied that the AMWU was the applicant for the protected action ballot order and that the 30-day period had not previously been extended. Therefore, the FWC ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days. This extension was to take effect from 7 March 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established