Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) v NRMA Limited
Deputy President Hampton
Not yet cited by other cases
Applicant: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU)
Respondent: NRMA Limited
Ratio
An application 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 was granted where the statutory requirements were met and the employer advanced no objection.
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 · 4
- Protected action ballot PR797804 held in matter B2026/244 was declared on 10 April 2026
- AMWU applied to extend the 30-day period for commencement of protected industrial action
- NRMA Limited did not object to the application
- The period had not previously been extended
Factors
For
- AMWU applied for extension in accordance with s.459(3)(a)
- The period had not previously been extended, satisfying s.459(3)(b)
- NRMA Limited did not object to the application
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s459(3)
Concept tags · 2
Principles · 1
articulates para 3
The FWC may extend the 30-day period for commencement of protected industrial action by up to 30 days where an applicant applies for the period to be extended and the period has not previously been extended.
Archived text (338 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 NRMA Limited (B2026/518) DEPUTY PRESIDENT HAMPTON ADELAIDE, 12 MAY 2026 Application to extend the 30 day period in relation to B2026/244. [1] This matter concerns the declaration of the result of a protected action ballot PR797804 held in matter B2026/244 and declared on 10 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] NRMA Limited has not advised the Commission of any 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. [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. [2026] FWC 1727 DECISION [2026] FWC 1727 2 [8] This order will operate on and from 12 May 2026. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR799972>