Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (Australian Manufacturing Workers' Union) v GrainCorp Operations Limited — Benchmark

Ratio

The FWC has power under s.459(3) of the Fair Work Act 2009 to extend the 30-day period for commencement of protected industrial action by a further 30 days where the applicant applies and the period has not previously been extended. The applicant met the statutory requirements and the respondent did not object.

Outcome

For applicant granted

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0

Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 5

Protected action ballot PR795179 was held in matter B2025/1843 and declared on 9 January 2026
AMWU applied to extend the original 30-day period for commencement of protected industrial action
Extension sought was for a further 30 days from expiry of the original 30-day period
GrainCorp Operations Limited advised it had no objection to the application
The relevant statutory requirements were met

Factors

For

The applicant met the statutory requirements of s.459(3)(a) - application by the applicant for the protected action ballot order
The statutory requirement of s.459(3)(b) was met - the period had not previously been extended
The respondent had no objection to the application

Against

Legislation referenced

Fair Work Act 2009 (Cth) s.459(3)

Concept tags · 2

[P]Protected action ballot order [P]Protected industrial action

Principles · 1

articulates para 3

The FWC has discretion under s.459(3) of the Fair Work Act 2009 to extend the 30-day period for commencement of protected industrial action by up to a further 30 days where: (a) the applicant for the protected action ballot order applies for the period to be extended; and (b) the period has not previously been extended.

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2014] FCAFC 8 EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union	Federal Court — Full Court	2014-02-19	Against applicant	2	5
[2009] FWAFB 368 Total Marine Services Pty Ltd v Maritime Union of Australia	FWAFB	2009-10-09	Resolved	2	25
[2011] FWAFB 4809 Mornington Peninsula Shire Council v Australian Nursing Federation	FWAFB	2011-07-22	Against applicant	2	6
[2014] FCA 1119 Ambulance Victoria v United Voice (includes Corrigendum dated 18 November 2014)	Federal Court	2014-10-17	Resolved	2	4
[2025] FWCFB 264 The Association of Professional Engineers, Scientists and Managers,...	FWC — Full Bench	2025-11-20		2	0
[2024] FWCFB 46 Australian Rail, Tram and Bus Industry Union (139V) v Pacific National...	FWC — Full Bench	2024-02-05		2	0
[2023] FWCFB 134 Communications, Electrical, Electronic, Energy, Information, Postal,...	FWC — Full Bench	2023-08-04		2	0
[2023] FWCFB 11 Transport Workers' Union of Australia (179V) v Cleanaway Operations Pty Ltd	FWC — Full Bench	2023-01-19		2	0
[2022] FWCFB 240 Transport Workers' Union of Australia (179V) v Cleanaway Operations Pty Ltd	FWC — Full Bench	2022-12-16		2	0
[2022] FWCFB 204 National Tertiary Education Industry Union (283V) v Curtin University	FWC — Full Bench	2022-11-14		2	0

Archived text (340 words)

1 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) v GrainCorp Operations Limited (B2026/68) DEPUTY PRESIDENT HAMPTON ADELAIDE, 5 FEBRUARY 2026 Application to extend the 30 day period in relation to B2025/1843. [1] This matter concerns the declaration of the result of a protected action ballot PR795179 held in matter B2025/1843 and declared on 9 January 2026. [2] 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. [3] 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.” [4] 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. [5] GrainCorp Operations Limited has advised the Commission it has no objection to this application. [6] I am satisfied that the relevant requirements of the Act have been met and that the application should be granted. [2026] FWC 355 DECISION [2026] FWC 355 2 [7] 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. [8] This order will operate on and from 8 February 2026. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR796438>