“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v BDD Milk Pty Ltd Summary

[2023] FWC 1233

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

BDD Milk Pty Ltd

(B2023/488)

VICE PRESIDENT CATANZARITI

MELBOURNE, 25 MAY 2023

Application to extend the 30 day period in relation to B2023/231

On 22 May 2023, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR760312 made on 16 March 2023. The Order applies to certain employees of BDD Milk Pty Ltd (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 26 April 2023. Pursuant to s. 459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expires at midnight on 25 May 2023.

The Respondent neither consented nor objected to the AMWU’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

In addressing s.459(3) of the Act, this application is made by the AMWU who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 25‎ ‎May‎ ‎2023, the extension period will operate from 25‎ ‎May‎ ‎2023.

An order has been separately issued in PR762511.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) applied to the Fair Work Commission (FWC) to extend the 30-day period for protected industrial action authorised by a protected action ballot order against BDD Milk Pty Ltd. The 30-day period was set to expire on 25 May 2023. The application was made under section 459(3) of the Fair Work Act 2009, and the AMWU argued that the extension was necessary to allow for effective industrial action. BDD Milk did not object to the application. The FWC considered the application on the basis of the documentation provided and found that the requirements of section 459 of the Act were met, leading to the decision to grant a 30-day extension.

The key legal issue before the FWC was whether the AMWU's application to extend the 30-day period for protected action was justified under section 459 of the Fair Work Act. The FWC needed to determine if the AMWU had met all the necessary criteria, such as the period not having been previously extended and the application being made by the union that initiated the ballot. The FWC also had to consider if extending the period would be in the interests of achieving a fair and just outcome for both parties. After reviewing the documentation and considering the statutory requirements, the FWC concluded that the extension was appropriate.

The FWC determined that the AMWU's application to extend the 30-day period for protected action was justified. The Commission found that the AMWU had fulfilled all the necessary criteria as stipulated in section 459 of the Act. The extension was deemed appropriate as the 30-day period had not been previously extended and the application was made by the union that had initiated the ballot. Consequently, the FWC granted the requested extension, with the new 30-day period commencing from 25 May 2023. This decision was based on the documentation provided and the statutory provisions of the Fair Work Act.

An order was issued separately in PR762511, confirming the extension of the 30-day period for protected action as determined by the FWC. The AMWU now has additional time to organise and undertake the protected industrial action as authorised by the ballot order, subject to the terms and conditions set out in the Fair Work Act and the new order.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v BDD Milk Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established