Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) v Qantas Airways Limited
Deputy President Hampton
Not yet cited by other cases
Applicant: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU)
Respondent: Qantas Airways Limited
Ratio
The FWC has power under s.459(3) of the Fair Work Act 2009 to extend the 30-day period for commencing protected industrial action by up to 30 days where an applicant applies and the period has not been previously extended. The AMWU satisfied both statutory requirements, and the respondent did not object, so the extension was granted.
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
- AMWU applied under s.459(3) of Fair Work Act 2009 to extend the 30-day period for protected industrial action
- Protected action ballot PR781534 was declared on 9 December 2024 in matter B2024/1508
- The 30-day authorisation period had not been previously extended
- Qantas Airways Limited did not advise of any objection to the application
Factors
For
- The relevant statutory requirements of s.459(3) were met
- No objection was raised by the respondent
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
Concept tags · 2
Principles · 1
articulates para 3
The FWC may extend the 30-day period for commencing protected industrial action by up to 30 days where an applicant applies and the period has not been previously extended.
Archived text (332 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 Qantas Airways Limited (B2025/17) DEPUTY PRESIDENT HAMPTON ADELAIDE, 9 JANUARY 2025 Application to extend the 30 day period in relation to B2024/1508. [1] This matter concerns the declaration of the result of a protected action ballot PR781534 held in matter B2024/1508 and declared on 9 December 2024. [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. [5] Qantas Airways 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. [2025] FWC 79 DECISION [2025] FWC 79 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 9 January 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR783116>