Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (Australian Manufacturing Workers' Union) v Cockburn Cement Limited T/A Swan Cement
Deputy President Hampton
Not yet cited by other cases
Applicant: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (Australian Manufacturing Workers' Union)
Respondent: Cockburn Cement Limited T/A Swan Cement
Ratio
The FWC may extend the 30-day period for protected industrial action by up to 30 days under s.459(3) where the applicant applies for extension and the period has not previously been extended. All statutory requirements were satisfied and employer consent obtained, warranting extension of 30 days to 20 May 2026.",
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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 · 3
- Protected action ballot PR798234 was held in matter B2026/331 and declared on 20 April 2026
- AMWU applied pursuant to s.459(3) to extend the 30 day period in which industrial action is authorised by the protected action ballot
- Respondent employer (Cockburn Cement Limited T/A Swan Cement) advised the Commission it had no objection to the application
Factors
For
- Each of the relevant statutory requirements of s.459(3) have been met
- Employer consented to the application
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s459(3)
Concept tags · 2
Archived text (346 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 v Cockburn Cement Limited T/A Swan Cement (B2026/496) DEPUTY PRESIDENT HAMPTON ADELAIDE, 8 MAY 2026 Application to extend the 30 day period in relation to B2026/331. [1] This matter concerns the declaration of the result of a protected action ballot PR798234 held in matter B2026/331 and declared on 20 April 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] Cockburn Cement Limited trading as Swan Cement 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 1682 DECISION [2026] FWC 1682 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 20 May 2026. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR799882>