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 B2025/1627

• [1] This matter concerns the declaration of the result of a protected action ballot PR793074 held in matter B2025/1627 and declared on 12 November 2025. In this respect, I observe that the declaration was confirmed to the parties on 13 November 2025, but actually declared on the previous day.

• [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] Under s.586 of the Act, I have amended the application to correct the date of declaration of results as referenced in the declaration of results document itself.

• [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] Viva Energy Refining Pty Ltd has advised the Commission that it does not object to this application on the basis that the timing of the declaration of results date was corrected.
• [7] I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

• [8] 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.

• [9] This order will operate on and from 12 December 2025.

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