"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v ACIRL Proprietary Limited

[2023] FWC 1168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v

ACIRL Proprietary Limited

(B2023/453)

VICE PRESIDENT CATANZARITI

SYDNEY, 17 MAY 2023

Application to extend the 30 day period in B2023/306

On 15 May 2023, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (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, PR760882 made on 4 April 2023. The Order applies to certain employees of ACIRL Proprietary Limited (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 20 April 2023. 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 19 May 2023.

On 15 May 2023, the Respondent advised the Commission via email that it does not oppose the AMWU’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.

In addressing s.459(3) of the Act, this application is made by the AMWU 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.

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 19‎ ‎May‎ ‎2023, the extension period will operate from 19‎ ‎May‎ ‎2023.

An order has been separately issued in PR761981.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission to extend the 30-day period for protected industrial action authorised by a ballot order against ACIRL Proprietary Limited. The ballot, which took place in April 2023, resulted in a majority endorsement of proposed industrial action by the employees. The period for protected action was set to expire on May 19, 2023, but the AMWU sought an extension. ACIRL Proprietary Limited did not oppose the application, and the Commission was required to determine whether the extension was appropriate under the Fair Work Act 2009.

The legal issues before the Commission were whether the requirements of section 459(3) of the Act had been met and whether an extension of the 30-day period was appropriate. The key considerations included the fact that the AMWU had made the application and that the specified period had not been previously extended. The Commission examined the documentation and found that all relevant requirements of section 459 of the Act had been satisfied, leading to the conclusion that a 30-day extension was warranted.

The Fair Work Commission granted the AMWU's application for an extension of the 30-day period for protected industrial action. The extension would take effect from May 19, 2023, thereby extending the period for protected action until June 18, 2023. The decision was based on the fact that the AMWU had complied with the requirements of section 459(3) of the Act and that no prior extension had been made. This extension would allow the AMWU to continue the industrial action as authorised by the ballot results.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established