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)

Application to extend the 30 day period in relation to B2025/1586.

• [1] This matter concerns the declaration of the result of a protected action ballot PR792719 held in matter B2025/1586 and declared on 31 October 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] The respondent in the application has been cited as Abbe QLD Pty Ltd (formerly Oji Fibre Solutions (QLD) Pty Ltd). I observe that this may be a successor business, but the ABN cited is for the respondent in the original order made by the Commission. In that light I have issued this decision in the name of the original respondent but note that if Abbe QLD Pty Ltd is a successor business or a change in name, it will be bound by the earlier orders of the Commission and this decision.

• [4] 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

• [5] 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.

• [6] The respondent initially foreshadowed some concerns with the application but later confirmed that it had no objection and advised as follows:

"The respondent does wish to record that they have been in active bargaining with the parties, and have accelerated the negotiations as a priority. Since the new ownership of the business commenced on the 1 November, there has been three bargaining meetings and a draft Enterprise Agreement presented."

• [7] I note and appreciate the respondent's position.

• [8] I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

• [9] Accordingly, pursuant to s.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.

• [10] This order will operate on and from 30 November 2025.

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