v Ventia (Australia) Pty Ltd & Downer Utilities Australia Pty Ltd T/A Confluence Water

[2025] FWC 2480

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)

Ventia (Australia) Pty Ltd & Downer Utilities Australia Pty Ltd T/A Confluence Water

(B2025/1321)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 AUGUST 2025

Application to extend the 30 day period in relation to B2025/1117.

This matter concerns the declaration of the result of a protected action ballot PR789178 held in matter B2025/1117 and declared on 25 July 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.

Ventia (Australia) Pty Ltd & Downer Utilities Australia Pty Ltd T/A Confluence Water 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 24 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, represented by Deputy President Hampton, heard an application from the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) to extend the period during which industrial action could be authorised by a protected action ballot. The application was made against Ventia (Australia) Pty Ltd and Downer Utilities Australia Pty Ltd, trading as Confluence Water, regarding a ballot that had been conducted under matter number B2025/1117. The Commission was asked to extend the 30-day period stipulated in section 459(3) of the Fair Work Act 2009, which sets the maximum duration for which industrial action can be authorised by a ballot.

The legal issues before the Commission involved determining whether the requirements of section 459(3) of the Fair Work Act had been met by the AMWU. This section allows for an extension of the 30-day period if the applicant for the protected action ballot order applies for an extension to the Commission and if the period has not already been extended. The AMWU argued that both conditions were satisfied and requested a 30-day extension from the original period. The employers, Ventia (Australia) Pty Ltd and Downer Utilities Australia Pty Ltd, did not oppose the application. The Deputy President was required to consider if the application met the statutory criteria and whether the extension should be granted.

The Deputy President concluded that the AMWU's application fulfilled the statutory requirements, as the union had applied for the extension and the period had not previously been extended. The absence of opposition from the employers also supported the granting of the extension. Consequently, 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 employers be extended by a further 30 days, effective from 24 August 2025. This decision was made in accordance with section 459(3) of the Fair Work Act, and no further objections were raised by the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established