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

[2024] FWC 1107

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

Arnott's Biscuits Limited

(B2024/478)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 29 APRIL 2024

Application to extend the 30 day period in relation to B2024/200

This matter concerns the declaration of the result of a protected action ballot (PR772211) held in matter B2024/200 and declared on 25 March 2024.

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

Arnott’s Biscuits Limited (Employer) 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 employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 29 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) to extend the 30-day period during which industrial action was authorised by a protected action ballot. The application was made in relation to a dispute with Arnott’s Biscuits Limited, and concerned the authorisation of industrial action by eligible employees who were subject to the ballot. The AMWU sought to extend the period under section 459(3) of the Fair Work Act 2009, which allows for an extension of up to 30 days if the FWC is satisfied that certain conditions are met.

The legal issue before the Commission was whether the AMWU had satisfied the requirements under section 459(3) of the Fair Work Act to extend the 30-day period for the commencement of protected industrial action. The AMWU argued that all necessary conditions had been met, and that the period should be extended by a further 30 days. Arnott’s Biscuits Limited did not oppose the application.

The Deputy President Hampton found that the AMWU had met the requirements of the Act, and that the application should be granted. The Deputy President noted that the conditions of section 459(3) had been satisfied, and that there were no objections from Arnott’s Biscuits Limited. As a result, the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and were employed by Arnott’s Biscuits Limited was extended by a further 30 days.

In summary, the Fair Work Commission granted the AMWU’s application to extend the 30-day period for the commencement of protected industrial action by a further 30 days. The order will operate from 29 April 2024.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established