"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Bisalloy Steels Pty Ltd Summary

[2023] FWC 2497

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)

Bisalloy Steels Pty Ltd

(B2023/1024)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 28 SEPTEMBER 2023

Application to extend the 30 day period in relation to B2023/709

This matter concerns the declaration of the result of a protected action ballot (PR764237) held in matter B2023/709 and declared on 23 August 2023.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries 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.

Bisalloy Steels Pty Ltd (Bisalloy Steels) 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 Bisalloy Steels be extended by a further 30 days.

This order will operate on and from 28 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< PR766642>

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission (FWC) to extend the 30-day period during which industrial action is authorised by a protected action ballot. This application pertains to the outcome of a ballot (PR764237) held in matter B2023/709, which was declared on 23 August 2023. The application was made pursuant to section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period by up to 30 days if the applicant for the protected action ballot order requests it and if the period has not been previously extended. Bisalloy Steels Pty Ltd (Bisalloy Steels) did not object to the application.

The primary legal issue was whether the requirements set out in section 459(3) of the Act were satisfied to warrant an extension of the 30-day period for the commencement of protected industrial action. The AMWU argued that all the conditions were met and thus, the period should be extended by a further 30 days. The Deputy President Hampton reviewed the application and concluded that the necessary requirements were indeed met.

After considering the application and the absence of objections from Bisalloy Steels, the Deputy President Hampton granted the application. The reasoning was based on the satisfaction of the criteria outlined in section 459(3) of the Act. Consequently, the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Bisalloy Steels was extended by a further 30 days, effective from 28 September 2023.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Bisalloy Steels Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established