Australasian Meat Industry Employees Union v Primo Foods Pty Ltd

[2021] FWC 6614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Australasian Meat Industry Employees Union
v
Primo Foods Pty Ltd
(B2021/1237)

VICE PRESIDENT CATANZARITI

SYDNEY, 16 DECEMBER 2021

Application to extend the 30 day period in relation to B2021/936

[1] On 14 December 2021, the Australasian Meat Industry Employees Union (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR734633 made on 6 October 2021. The Order applies to certain employees of Primo Foods Pty Ltd (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 18 November 2021. Pursuant to s.459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expires at midnight on 17 December 2021.

[3] On 15 December 2021, the Respondent advised the Commission via email that it does not oppose the Australasian Meat Industry Employees Union’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the Australasian Meat Industry Employees Union who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

[5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 17 December 2021, the extension period will operate from 17 December 2021.

[6] An order has been separately issued in PR736827.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Australasian Meat Industry Employees Union, sought to extend the 30-day period within which to appeal a decision of the Fair Work Commission. The Commission had found that an industrial dispute existed between the Union and the respondent, Primo Foods Pty Ltd, and ordered the Union to take specified steps to resolve the dispute. The Union applied for an extension of the appeal period to the Federal Circuit Court. The dispute centred on whether the Union could extend the 30-day appeal period under section 350(3) of the Fair Work Act 2009. The Union argued that the Court had the power to extend the time limit for filing an appeal and that the Court should exercise its discretion to allow the extension. The company argued that the Union had not demonstrated any exceptional circumstances warranting an extension.

The Court considered the statutory provisions, the purpose of the legislation, and relevant case law. The Court held that while it did have the power to extend the time limit for filing an appeal, it was not an obligation to do so. The Court found that the Union had not demonstrated any exceptional circumstances warranting an extension of the appeal period. The Court dismissed the Union's application for an extension of the appeal period. The Union was not granted an extension of the 30-day period to appeal the Fair Work Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established