"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Austube Mills Pty Ltd T/A Austube Mills

[2023] FWC 2825

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

Austube Mills Pty Ltd T/A Austube Mills

(B2023/1162)

DEPUTY PRESIDENT HAMPTON

HOBART, 26 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/985

This matter concerns the declaration of the result of a protected action ballot (PR766291) held in matter B2023/985 and declared on 29 September 2023.

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.

The Respondent 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 Austube Mills Pty Ltd T/A Austube Mills be extended by a further 30 days.

This order will operate on and from 26 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) has applied to the Fair Work Commission to extend the 30-day period for industrial action authorised by a protected action ballot. The application is directed against Austube Mills Pty Ltd T/A Austube Mills. The dispute revolves around the authorisation of industrial action by AMWU members employed by Austube Mills, with the AMWU seeking an extension of the time period within which such action may be taken.

The primary legal issue before the Deputy President was whether the AMWU had satisfied the conditions set out in section 459(3) of the Fair Work Act 2009 to warrant an extension of the 30-day period. The conditions to be met included the AMWU's application for the extension and the fact that the period had not previously been extended. Given that the respondent, Austube Mills, did not object to the application, the Deputy President found that the requirements were fulfilled and that the application should be granted.

The Deputy President determined that the AMWU's application met all the statutory criteria for an extension. The Deputy President was satisfied that the AMWU had applied to the Commission for the extension and that the period had not been extended previously. As Austube Mills did not raise any objections, the Deputy President concluded that the application should be approved. Consequently, the Deputy President ordered that the 30-day period for the commencement of protected industrial action be extended by an additional 30 days.

The final order made by the Deputy President was that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Austube Mills Pty Ltd T/A Austube Mills be extended by a further 30 days. This extension took effect from 26 October 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established