Australasian Meat Industry Employees Union, The v Hirino Pty Ltd & Gundabone Pty Ltd

[2016] FWC 3293

[2016] FWC 3293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Australasian Meat Industry Employees Union, The
v
Hirino Pty Ltd & Gundabone Pty Ltd
(B2016/566)

DEPUTY PRESIDENT BULL SYDNEY, 25 MAY 2016

Application to extend the 30 day protected action period in relation to matter B2016/48

[1] On 24 May 2016, the Australasian Meat Industry Employees’ Union NSW Branch (AMIEU) made an application pursuant to s.459(3) of the Fair Work Act 2009 (theAct) to extend the 30 day period in which industrial action is to commence being action authorised by a protected action ballot order 1 (the Order) made on 6 April 2016 (the Order was varied on 20 April 20162). The Order pertains to employees of Hirino Pty Ltd T/A Gundagai Meat Processors and Gundabone Pty Ltd (the respondent/Gundagai)

[2] On 24 May 2016, the respondent advised the Fair Work Commission (the Commission) that it does not oppose the AMIEU’s application to extend the authorised protected period. Accordingly, I have determined the matter on the basis of the documentation filed.

Relevant Legislation

[3] Section 459(1) specifies circumstances in which industrial action is authorised by protected action ballot:

             “(1)  Industrial action by employees is authorised by a protected action ballot if:

   (a)  the action was the subject of the ballot; and

        (b)  at least 50% of the employees on the roll of voters for the ballot voted

in the ballot; and

   (c)  more than 50% of the valid votes were votes approving the action; and

   (d)  the action commences:

(i) during the 30-day period starting on the date of the declaration of the results of the ballot; or

  (ii)  if the FWC has extended that period under subsection (3)

-during the extended period.”

[4] Section 459(3) of the Act states the Commission may extend the period in subparagraph (1)(d)(i) by up to 30 days if certain preconditions are met:

“ (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”

[5] In its application, the AMIEU stated that the extension is sought to facilitate the taking of industrial action should further negotiations regarding a new agreement between the parties fail.

[6] The period referred to in s. 459(1)(d)(i) expires on 26 May 2016.

[7] In addressing s. 459(3) of the Act, this application is made by AMIEU, the applicant for which the protected action ballot order was issued, and the period specified in s. 459(1)(d)(i) has not previously been extended.

[8] I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that it is appropriate I grant the application. An order [PR580706] will issue in conjunction with this decision.

DEPUTY PRESIDENT

 1   PR578717

 2   PR579293

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