"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Assa Abloy Entrance Systems Pty Limited, Record Automatic Doors Pty Ltd

[2024] FWC 934

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

Assa Abloy Entrance Systems Pty Limited, Record Automatic Doors Pty Ltd

(B2024/432)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 APRIL 2024

Application to extend the 30 day period in relation to B2024/157

This matter concerns the declaration of the result of a protected action ballot (PR771879) held in matter B2024/157 and declared 14 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 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.

Assa Abloy Entrance Systems Pty Limited, Record Automatic Doors Pty Ltd (Employers) have not advised the Commission of any objections 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 the Employers be extended by a further 30 days.

This order will operate on and from 11 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) applied to extend the 30-day period for industrial action authorised by a protected action ballot, as per section 459(3) of the Fair Work Act 2009. The application was made in relation to matter B2024/157, which involved Assa Abloy Entrance Systems Pty Limited and Record Automatic Doors Pty Ltd. The protected action ballot (PR771879) was declared on 14 March 2024. The employers did not object to the application.

The primary legal issue before the Commission was whether the application met the statutory requirements for extending the 30-day period for the commencement of protected industrial action. Specifically, the Commission had to determine if the AMWU's application complied with the provisions of section 459(3) of the Act, which allows for an extension if the period has not previously been extended and if the applicant for the protected action ballot order applies to the Commission for the extension. The AMWU argued that all conditions were satisfied and that the period should be extended by an additional 30 days.

The Deputy President Hampton found that the requirements of the Act were met. The AMWU had applied for the extension within the prescribed timeframe, and there was no indication that the period had been extended previously. Additionally, the employers did not present any objections to the application. Therefore, the Deputy President concluded that the application should be granted. The 30-day period for the commencement of protected industrial action for eligible AMWU members employed by the employers was extended by a further 30 days from 11 April 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established