"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v B&D Australia Pty Ltd T/A B & D Doors Summary

[2023] FWC 1943

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

B&D Australia Pty Ltd T/A B & D Doors

(B2023/804)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 4 AUGUST 2023

Application to extend the 30 day period in relation to B2023/525

This matter concerns the declaration of the result of a protected action ballot (PR762768) held in matter B2023/525 and declared on 12 July 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.

B&D Australia Pty Ltd T/A B & D Doors 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 AMWU members employed by B&D Australia Pty Ltd T/A B & D Doors be extended by a further 30 days.

This order will operate on and from 4 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application by the Australian Manufacturing Workers’ Union (AMWU) to extend the period of time that industrial action could be taken against B&D Australia Pty Ltd T/A B & D Doors. The application was brought pursuant to section 459(3) of the Fair Work Act 2009, which provides for an extension of the 30-day period in which industrial action is authorised by a protected action ballot. B&D Australia Pty Ltd T/A B & D Doors did not object to the application. The legal issue before the Commission was whether the requirements of the Act for an extension of the period had been met. The AMWU argued that the requirements had been satisfied, and the period should be extended by a further 30 days.

The Commission found that the requirements of section 459(3) of the Act had been met. The AMWU had applied for an extension, and the period had not previously been extended. The Commission was satisfied that the application should be granted. The Deputy President noted that B&D Australia Pty Ltd T/A B & D Doors had no objection to the application, and there were no other considerations that would prevent the extension of the period. The Deputy President concluded that the application should be granted and ordered that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by B&D Australia Pty Ltd T/A B & D Doors be extended by a further 30 days.

The order will operate from 4 August 2023. The Commission did not provide any additional commentary on the matter or make any further findings. The decision is a straightforward application of the statutory provisions, and the outcome was as sought by the AMWU. The extension of the period will allow the AMWU to take protected industrial action against B&D Australia Pty Ltd T/A B & D Doors for a further 30 days from the date of the order. The decision provides clarity for the parties and ensures that the legal process is followed in relation to the protected action ballot.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v B&D Australia Pty Ltd T/A B & D Doors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established