1 Fair Work Act 2009 s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot Australian Workers' Union, The v Metal Manufactures Limited T/A MM Kembla (B2024/11) DEPUTY PRESIDENT WRIGHT SYDNEY, 10 JANUARY 2024 Application to extend the 30 day period in relation to B2023/1079 [1] This matter concerns the declaration of the result of a protected action ballot (PR767125) held in matter B2023/1079 and declared on 13 December 2023. [2] The Australian Workers’ Union (AWU) 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 made by the AWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days. [5] Metal Manufactures Limited T/A MM Kembla (MM Kembla) has not objected to this application. [6] I am satisfied that the relevant requirements of the Act have been met and that the application should be granted. [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 AWU members employed by MM Kembla be extended by a further 30 days. [2024] FWC 61 DECISION [2024] FWC 61 2 [8] This order will operate on and from 10 January 2024. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR770089>