v Voestalpine Railway Systems Australia Pty Ltd Summary

[2025] FWC 140

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)

Voestalpine Railway Systems Australia Pty Ltd

(B2025/61)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1591.

This matter concerns the declaration of the result of a protected action ballot PR782090 held in matter B2024/1591 and declared on 19 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.

Voestalpine Railway Systems Australia Pty Ltd 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 17 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the Australian Manufacturing Workers' Union (AMWU) seeking an extension of the 30-day period during which industrial action could be undertaken under a protected action ballot. This application was in relation to a ballot held in matter B2024/1591 and declared on 19 December 2024. The respondent, Voestalpine Railway Systems Australia Pty Ltd, did not object to the application. The primary legal issue before the Commission was whether the application complied with section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met.

The Commission examined the application and found that it satisfied all the requirements outlined in section 459(3) of the Act. The AMWU had applied for the extension within the stipulated timeframe, and the period had not been previously extended. Given these findings, the Deputy President was satisfied that the application met the legislative criteria. Therefore, the application was approved, and the 30-day period for the commencement of protected industrial action was extended by an additional 30 days, effective from 17 January 2025. This decision ensures that the union can proceed with its industrial action within the extended timeframe as permitted by the Act.

v Voestalpine Railway Systems Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established