Australian Manufacturing Workers' Union (AMWU) v Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) Pty Ltd
Deputy President Hampton
Not yet cited by other cases
Applicant: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (Australian Manufacturing Workers' Union / AMWU)
Respondent: Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) Pty Ltd
Ratio
The FWC has power under s459(3) of the Fair Work Act 2009 (Cth) to extend the 30-day period for commencement of protected industrial action by up to 30 days where the applicant union applies and the period has not previously been extended. The respondent employer raised no objection and all statutory requirements were satisfied, warranting extension of the period by a further 30 days.
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 PR790459 was held in matter B2025/1245 and declared on 21 August 2025
- The AMWU applied to extend the 30-day period for commencement of protected industrial action
- The respondent employers did not object to the application
- The original 30-day period had not previously been extended
Factors
For
- All statutory requirements of s459(3) were met
- The period had not previously been extended
- No objection was raised by the respondent employers
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s459(3)
Concept tags · 2
Archived text (354 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 Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) Pty Ltd (B2025/1433) DEPUTY PRESIDENT HAMPTON ADELAIDE, 15 SEPTEMBER 2025 Application to extend the 30 day period in relation to B2025/1245. [1] This matter concerns the declaration of the result of a protected action ballot PR790459 held in matter B2025/1245 and declared on 21 August 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 from the expiry of the original 30 days. [5] Ampcontrol SWG Pty Ltd and Ampcontrol Service (NSW) Pty Ltd 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 2759 DECISION [2025] FWC 2759 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 20 September 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR791769>