“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

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

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.

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.

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.

Associated Kiln Driers Pty Limited T/A AKD Softwoods (AKD Softwoods or Employer) has not advised the Commission of any 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 AKD Softwoods be extended by a further 30 days.

This order will operate on and from 11 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Australian Manufacturing Workers’ Union (AMWU) seeking an extension of the 30-day period for protected industrial action, as authorised by a protected action ballot. The dispute was between the AMWU and Associated Kiln Driers Pty Ltd T/A AKD Softwoods, where the union aimed to extend the period for potential industrial action among its members employed by the company. The matter was heard by Deputy President Hampton in Adelaide.

The legal issue at hand was whether the AMWU's application to extend the 30-day period for protected industrial action, as stipulated in section 459(3) of the Fair Work Act 2009, should be granted. The application was made under the condition that the period had not been previously extended, and AKD Softwoods did not raise any objections to the application. The Commission was required to determine if the AMWU's application met the statutory criteria for an extension, particularly considering the absence of objections from the employer.

The Deputy President found that the AMWU's application met the statutory criteria, as the 30-day period had not been extended before, and there were no objections from AKD Softwoods. Consequently, the Deputy President granted the application, extending the 30-day period for protected industrial action by a further 30 days. This decision was made on the basis that all conditions outlined in section 459(3) of the Fair Work Act were satisfied.

In conclusion, the Fair Work Commission ordered that the 30-day period for the commencement of protected industrial action for AMWU members employed by AKD Softwoods be extended by an additional 30 days, effective from 11 September 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established