v West Wimmera Shire Council

[2025] FWC 1333

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

Australian Municipal, Administrative, Clerical and Services Union

West Wimmera Shire Council

(B2025/777)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 13 MAY 2025

Application to extend the 30 day period in relation to B2025/520

This matter concerns the declaration of the result of a protected action ballot PR785679 held in matter B2025/520 and declared on 15 April 2025.

The Australian Municipal, Administrative, Clerical and Services Union 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.

West Wimmera Shire Council has advised the Commission that they do not wish to respond to the proposed extension.

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 14 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application by the Australian Municipal, Administrative, Clerical and Services Union for an extension of the 30-day period during which industrial action could be authorised by a protected action ballot. The application was related to a ballot held and declared on 15 April 2025, concerning employees of the West Wimmera Shire Council. The council did not object to the application. The Commission was required to determine whether the application met the statutory criteria for an extension under the Fair Work Act 2009.

The legal issue before the Commission was whether the application met the requirements set out in section 459(3) of the Fair Work Act 2009. Specifically, the Commission had to determine if the applicant had applied for the extension and if the 30-day period had not previously been extended. The Commission considered the statutory provisions and the application submitted by the union. The union argued that the application was made within the timeframe and that no previous extension had been granted, thus meeting the requirements of the Act.

The Deputy President of the Commission was satisfied that the application met the statutory criteria. The Commission noted that the union had indeed applied for an extension within the prescribed period and that the 30-day period had not previously been extended. Therefore, the application was granted, and the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 14 May 2025.

The Fair Work Commission ordered that the 30-day period for the commencement of protected industrial action for eligible employees subject to the ballot and employed by the West Wimmera Shire Council be extended by a further 30 days, effective from 14 May 2025. The decision was made in accordance with section 459(3) of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established