v WesTrac Pty Ltd

[2025] FWC 2253

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)

WesTrac Pty Ltd

(B2025/1212)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 1 AUGUST 2025

Application to extend the 30 day period in relation to B2025/958

This matter concerns the declaration of the result of a protected action ballot PR788445 held in matter B2025/958 and declared on 7 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.

WesTrac 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 6 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) has applied to the Fair Work Commission (FWC) for an extension of the 30-day period in which industrial action is authorised by a protected action ballot, in relation to WesTrac Pty Ltd. The union seeks this extension under section 459(3) of the Fair Work Act 2009. WesTrac has not opposed the application. The decision to be made by the FWC involves determining whether the union's application satisfies the statutory criteria for extending the 30-day period.

The court was required to decide whether the union's application met the statutory requirements under section 459(3) of the Act. The union must demonstrate that they have applied to the FWC for an extension and that the 30-day period has not been previously extended. These are the only conditions that the union must satisfy to obtain an extension. Given that WesTrac has not raised any objections, the Deputy President must now consider whether the union has met the statutory criteria.

The Deputy President was satisfied that the union had met the statutory requirements for an extension of the 30-day period. The union had applied to the FWC for the extension, and the period had not been previously extended. As such, the Deputy President concluded that the union's application should be granted. The Deputy President noted that WesTrac had not objected to the application, which further supported the granting of the extension. The Deputy President ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 6 August 2025.

Pursuant to section 459(3) of the Fair Work Act 2009, the Fair Work Commission orders 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 WesTrac Pty Ltd be extended by a further 30 days. This order will operate from 6 August 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established