| [2022] FWC 2582 |
| 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
ALS Industrial Pty Ltd
(B2022/1435)
| VICE PRESIDENT CATANZARITI | SYDNEY, 27 SEPTEMBER 2022 |
Application to extend the 30 day period in relation to B2022/1220
On 21 September 2022, 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, PR744856 made on 16 August 2022. The Order applies to certain employees of ALS Industrial Pty Ltd (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 23 August 2022. 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 expired at midnight on 21 September 2022.
The Respondent neither consented nor objected to 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 expired at midnight on 21 September 2022, the extension period will operate from 21 September 2022.
An order has been separately issued in PR746213.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR746214>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v ALS Industrial Pty Ltd [2022] FWC 2582
- Case
- [2022] FWC 2582
- Decision Date
CaseChat Overview and Summary
The FWC considered whether the AMWU had met the requirements of section 459 of the Act, which includes that the period specified in section 459(1)(d)(i) had not been previously extended. The FWC found that the AMWU had satisfied the relevant requirements of the Act and that a 30-day extension was appropriate. The FWC noted that the 30-day period had expired at midnight on 21 September 2022 and that the extension period would operate from that date. The FWC also noted that the respondent, ALS Industrial Pty Ltd, neither consented nor objected to the AMWU’s application to extend the 30-day period for protected industrial action.
The FWC issued an order separately in PR746213 granting the AMWU’s application for an extension of the 30-day period for protected action. The extension period will operate from 21 September 2022. This decision is binding on the parties and may be relevant to any future disputes between the AMWU and ALS Industrial Pty Ltd regarding protected industrial action.
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