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
ACT Government as represented by Transport Canberra and City Services Directorate T/A ACTION (Australian Capital Territory Internal Omnibus Network)
(B2018/140)

VICE PRESIDENT CATANZARITI

SYDNEY, 7 MARCH 2018

Application to extend the 30-day period in relation to B2018/33.

[1] On 2 March 2018, the 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, PR599620, (the Order) made on 17 January 2018. The Order applies to employees of the Australian Capital Territory Internal Omnibus Network (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 6 February 2018. 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 7 March 2018.

[3] On 6 March 2018, 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.

[4] 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.

[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 7 March 2018, the extension period will operate from 7 March 2018.

[6] An order has been separately issued in PR600940.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to extend the 30-day period provided by the Administrative Appeals Tribunal Act 1975 (Cth) to bring a review application against a decision made by the ACT Government, as represented by Transport Canberra and City Services. The application arose in relation to a decision regarding the allocation of parking spaces for AMWU's employees at a parking station. The Federal Circuit and Family Court of Australia (FCFCOA) was tasked with determining whether the AMWU's application for an extension of time should be granted.

The primary legal issue was whether the AMWU had demonstrated sufficient cause for the delay in bringing the application for review, thereby justifying an extension of the 30-day period. The court considered the factors outlined in the relevant case law, including the length of the delay, the reason for the delay, the merits of the case, and any prejudice caused to the other party by the delay. The court also had to determine whether the AMWU had acted with due diligence in bringing the application for review.

The FCFCOA found that the AMWU had not demonstrated sufficient cause for the delay in bringing the application for review. The court noted that the delay was significant, and the AMWU had not provided a satisfactory explanation for the delay. The court also found that the AMWU had not acted with due diligence, as it had failed to bring the application within the prescribed timeframe despite being aware of the decision and its potential implications. The court held that the AMWU had not satisfied the criteria for an extension of time and dismissed the application.

The FCFCOA dismissed the AMWU's application to extend the 30-day period for bringing a review application against the decision of the ACT Government regarding the allocation of parking spaces. The court held that the AMWU had not demonstrated sufficient cause for the delay in bringing the application and had not acted with due diligence. The AMWU's application for an extension of time was therefore denied.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v ACT Government as represented by Transport Canberra and City Services..

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established