Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) v KONE Elevators Pty Ltd
Deputy President Hampton
Not yet cited by other cases
Applicant: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU)
Respondent: KONE Elevators Pty Ltd
Ratio
An application to extend the 30-day period for commencement of protected industrial action under s.459(3) of the Fair Work Act 2009 is granted where the applicant union has met the statutory requirements: the application was made by an applicant for the protected action ballot order, the period had not been previously extended, and the respondent employer did not object.
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 PR787895 was held and declared on 19 June 2025 in matter B2025/886
- AMWU applied to extend the 30-day period in which industrial action is authorised by the protected action ballot
- KONE Elevators Pty Ltd advised it had no objection to the extension application
- The extension was sought for a further 30 days from the expiry of the original 30-day period
Factors
For
- Requirements of s.459(3) were met: applicant was the party who applied for the protected action ballot order
- The 30-day period had not previously been extended
- No objection from the respondent employer
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.459(3)
Concept tags · 2
Archived text (344 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 KONE Elevators Pty Ltd (B2025/1113) DEPUTY PRESIDENT HAMPTON ADELAIDE, 11 JULY 2025 Application to extend the 30 day period in relation to B2025/886. [1] This matter concerns the declaration of the result of a protected action ballot PR787895 held in matter B2025/886 and declared on 19 June 2025. [2] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU or Applicant) 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] KONE Elevators Pty 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 1984 DECISION [2025] FWC 1984 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 18 July 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR789126>