| [2023] FWC 1169 |
| 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
APT AM Employment Pty Ltd T/A APA Group
(B2023/454)
| VICE PRESIDENT CATANZARITI | SYDNEY, 17 MAY 2023 |
Application to extend the 30 day period in relation to B2023/305
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, PR760894 made on 5 April 2023. The Order applies to certain employees of APT AM Employment Pty Ltd T/A APA Group (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 21 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 20 May 2023.
On 16 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 20 May 2023, the extension period will operate from 20 May 2023.
An order has been separately issued in PR761988.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR761989>
- AGLC
- "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v APT Am Employment Pty Ltd T/A APA Group [2023] FWC 1169
- Case
- [2023] FWC 1169
- Decision Date
CaseChat Overview and Summary
The legal issue before the Commission was whether the AMWU's application met the requirements of section 459 of the Fair Work Act 2009. The Act provides that the AMWU, as the applicant for the protected action ballot order, could apply to extend the 30-day period for protected action, and the period had not been previously extended. The Commission was required to determine whether the application met the statutory requirements and whether an extension was appropriate.
The Commission considered the documentation filed and noted that the respondent did not oppose the application. The Commission found that the AMWU had met the relevant requirements of section 459 of the Act, and that an extension of the 30-day period was appropriate. The Commission determined that the extension period would operate from 20 May 2023, the date on which the original 30-day period was due to expire.
In light of the above, the Commission made an order extending the 30-day period for protected action from 20 May 2023. The order was issued in PR761988.
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