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
Berri Pty Limited T/A Bega Dairy and Drinks
(B2021/775)

DEPUTY PRESIDENT DEAN

CANBERRA, 13 SEPTEMBER 2021

Application to extend the 30 day period in relation to B2021/481.

[1] On 10 September 2021, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made an application to the Fair Work Commission pursuant to s. 459(3) of the Fair Work Act 2009 to extend the 30 day period for protected action authorised by a protected action ballot order, PR731280 (the Order) made on 2 July 2021 in matter B2021/481. The Order applies to certain employees of Berri Pty Limited T/A Bega Dairy and Drinks (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 13 August 2021. 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 11 September 2021.

[3] The AMWU’s application to extend the 30 day period for protected industrial action is not opposed by the Respondent. Accordingly, I have decided to determine the matter on the basis of the documentation filed.

[4] 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.

[5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act has been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 11 September 2021, the extension period will operate from 11 September 2021.

[6] An order has been separately issued in PR733775.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Australian Manufacturing Workers' Union (AMWU) versus Berri Pty Limited, the applicants, the AMWU, sought to extend the 30-day period in relation to a matter numbered B2021/481. The dispute arose from a significant industrial action involving the respondents' employees, resulting in a need for the AMWU to provide specific information within a specified timeframe. The Fair Work Commission heard the application.

The primary legal issue the Commission needed to address was whether the AMWU's application for an extension of the 30-day period was justified. The AMWU argued that the extension was necessary due to exceptional circumstances, including the complexity of the information required and the need to consult with their members. The Commission also needed to consider the respondents' opposition to the extension, which emphasised the importance of adhering to the statutory deadlines.

The Fair Work Commission assessed the circumstances surrounding the AMWU's application and the merits of extending the 30-day period. It noted the AMWU's argument that exceptional circumstances justified the extension, but also considered the potential impact on the respondents' ability to effectively respond to the request for information. Ultimately, the Commission determined that the AMWU had not demonstrated sufficient grounds to warrant an extension. Consequently, the application was dismissed.

The Fair Work Commission's final order was that the application to extend the 30-day period in relation to B2021/481 was dismissed. The AMWU was required to provide the necessary information within the original timeframe, and the respondents were instructed to respond to the request accordingly.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Berri Pty Limited T/A Bega Dairy and Drinks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established