"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v APA Management Services Pty Ltd, APA VTS Australia (Operations) Pty Ltd... Summary

[2023] FWC 3443

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

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

APA Management Services Pty Ltd, APA VTS Australia (Operations) Pty Ltd T/A APA Group

(B2023/1399)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 DECEMBER 2023

Application to extend the 30 day period in relation to B2023/1215

This matter concerns the declaration of the result of a protected action ballot (PR768029) held in matter B2023/1215 and declared 20 November 2023.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(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.”

The application made by the AMWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

APA Management Services Pty Ltd, APA VTS Australia (Operations) Pty Ltd T/A APA Group (APA Group) has advised the Commission it has no objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible AMWU members employed by APA Group be extended by a further 30 days.

This order will operate on and from 21 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), to extend the 30-day period during which industrial action was authorised by a protected action ballot. The application was in relation to a matter involving APA Management Services Pty Ltd, APA VTS Australia (Operations) Pty Ltd trading as APA Group. The AMWU sought to extend the period by an additional 30 days under section 459(3) of the Fair Work Act 2009. The APA Group did not object to the application.

The primary legal issue before the Deputy President was whether the AMWU's application met the statutory requirements to extend the period for protected industrial action. Specifically, the Deputy President needed to determine if the application was made by an applicant for the protected action ballot order, and whether the period had not already been extended. The AMWU argued that both conditions were satisfied, while the APA Group did not raise any objections. The Deputy President found that the AMWU had met the statutory requirements, and the period had not been previously extended.

The Deputy President concluded that the AMWU's application satisfied the requirements set out in section 459(3) of the Fair Work Act. The Deputy President was satisfied that the application was made by the AMWU, an applicant for the protected action ballot order, and that the 30-day period had not been previously extended. The APA Group did not object to the application, which further supported the Deputy President's decision to grant the extension.

Accordingly, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by the APA Group be extended by a further 30 days. This order was to take effect from 21 December 2023.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v APA Management Services Pty Ltd, APA VTS Australia (Operations) Pty Ltd...

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established