“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Associated Kiln Driers Pty Ltd T/A AKD Softwoods

[2023] FWC 2294

[2023] FWC 2294

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

Associated Kiln Driers Pty Ltd T/A AKD Softwoods

(B2023/964)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 11 SEPTEMBER 2023

Application to extend the 30 day period in relation to B2023/674

1. This matter concerns the declaration of the result of a protected action ballot (PR763916) held in matter B2023/674 and declared on 16 August 2023.

1. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU or Applicant) 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.

1. 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.”

1. 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.

1. Associated Kiln Driers Pty Limited T/A AKD Softwoods (AKD Softwoods or Employer) has not advised the Commission of any objection to this application.

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

1. 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 AKD Softwoods be extended by a further 30 days.

1. This order will operate on and from 11 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR766030>