Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) v Dow Performance Materials (Australia) Pty Ltd
Deputy President Wright
Not yet cited by other cases
Applicant: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU)
Respondent: Dow Performance Materials (Australia) Pty Ltd
Ratio
The FWC has power under s459(3) of the Fair Work Act 2009 to extend the 30-day period in which industrial action is authorised by a protected action ballot by up to a further 30 days where the applicant applies and the period has not previously been extended. The applicant satisfied all statutory requirements and the respondent did not object, accordingly 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
- Protected action ballot PR790286 was held in matter B2025/1228 and declared on 12 September 2025
- AMWU applied to extend the 30-day period in which industrial action is authorised by the ballot
- The original 30-day period had not previously been extended
- Dow Performance Materials advised it had no objection to the application
Factors
For
- Statutory requirements of s459(3) were met
- The period had not previously been extended
- The respondent had no objection to the application
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s459(3)
Concept tags · 3
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 Dow Performance Materials (Australia) Pty Ltd (B2025/1545) DEPUTY PRESIDENT WRIGHT SYDNEY, 7 OCTOBER 2025 Application to extend the 30 day period in relation to B2025/1228. [1] This matter concerns the declaration of the result of a protected action ballot PR790286 held in matter B2025/1228 and declared on 12 September 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] Dow Performance Materials (Australia) 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 2975 DECISION [2025] FWC 2975 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 12 October 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR792400>