Australian Manufacturing Workers' Union (AMWU) v Bundaberg Walkers Engineering Ltd
Deputy President Hampton
Not yet cited by other cases
Applicant: Australian Manufacturing Workers' Union (AMWU)
Respondent: Bundaberg Walkers Engineering Ltd
Ratio
The FWC has power under Fair Work Act s.459(3) to extend the 30-day period for commencement of protected industrial action by up to 30 days where an applicant for the protected action ballot order applies and the period has not previously been extended. The applicant met the statutory requirements and the respondent did not object, warranting extension of the period by a further 30 days commencing 21 February 2025.
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 PR783105 was held and declared on 23 January 2025 in matter B2025/13
- The AMWU sought to extend the 30-day period in which industrial action is authorised by the protected action ballot
- Bundaberg Walkers Engineering Ltd advised the Commission it had no objection to the extension application
- The extension was sought under Fair Work Act s.459(3)
Factors
For
- Relevant requirements of s.459(3) were met
- Period had not previously been extended
- Respondent employer did not object to the application
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 in which industrial action is authorised by a protected action ballot by up to 30 days where an applicant for the protected action ballot order applies to the FWC and the period has not previously been extended.
Archived text (334 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 Bundaberg Walkers Engineering Ltd (B2025/269) DEPUTY PRESIDENT HAMPTON ADELAIDE, 20 FEBRUARY 2025 Application to extend the 30 day period in relation to B2025/13. [1] This matter concerns the declaration of the result of a protected action ballot PR783105 held in matter B2025/13 and declared on 23 January 2025. [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] Bundaberg Walkers Engineering Ltd 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. [2025] FWC 514 DECISION [2025] FWC 514 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 21 February 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR784574>