Australian Manufacturing Workers' Union (AMWU) v Bureau Veritas Minerals Pty Ltd T/A Bureau Veritas
Deputy President Hampton
Not yet cited by other cases
Applicant: Australian Manufacturing Workers' Union (AMWU)
Respondent: Bureau Veritas Minerals Pty Ltd T/A Bureau Veritas
Ratio
Section 459(3) of the Fair Work Act 2009 permits the FWC to extend a 30-day protected action ballot period by up to 30 days where the applicant applies and the period has not previously been extended. The AMWU's application satisfied both statutory requirements, the respondent did not object, and the extension was therefore 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
- Protected action ballot PR783093 was held and declared on 20 February 2025 in matter B2025/14
- AMWU applied pursuant to s.459(3) of the Fair Work Act 2009 to extend the 30-day protected action period
- Bureau Veritas Minerals Pty Ltd advised it did not object to the application
- The extension was sought for a further 30 days from 28 March 2025
Factors
For
- Applicant applied for extension within the statutory timeframe
- The 30-day period had not previously been extended
- The respondent employer did not object to the application
- All relevant statutory requirements of s.459(3) were satisfied
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s459(1)(d)(i)
- 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 (AMWU) v Bureau Veritas Minerals Pty Ltd T/A Bureau Veritas (B2025/522) DEPUTY PRESIDENT HAMPTON ADELAIDE, 28 MARCH 2025 Application to extend the 30 day period in relation to B2025/14. [1] This matter concerns the declaration of the result of a protected action ballot PR783093 held in matter B2025/14 and declared on 20 February 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] Bureau Veritas Minerals Pty Ltd trading as Bureau Veritas has advised the Commission that it does not have 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 887 DECISION [2025] FWC 887 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 28 March 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR785662>