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
Brisbane Bus Build Pty Ltd
(B2019/1337)

DEPUTY PRESIDENT DEAN

SYDNEY, 21 NOVEMBER 2019

Application to extend the 30-day period in relation to B2019/1109.

[1] On 20 November 2019, 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, PR712746 (the Order) made on 24 September 2019. The Order applies to certain employees of Brisbane Bus Build Pty Ltd (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 23 October 2019. 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 21 November 2019.

[3] On 20 November 2019, the Respondent was advised of the application and did not raise any objection. I have therefore determined 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 21 November 2019, the extension period will operate from 21 November 2019.

[6] An order has been separately issued in PR714468.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, trading as the AMWU, sought an extension of time in relation to a decision made by the Fair Work Commission. The respondent to the application was Brisbane Bus Build Pty Ltd. The dispute concerned the AMWU's application to the Fair Work Commission seeking an order that a person who had been dismissed be reinstated. The matter was heard in the Federal Circuit Court of Australia. The AMWU sought an extension of the 30-day period within which it could make an application to the Full Bench of the Fair Work Commission to review the decision. The AMWU argued that there were exceptional circumstances which justified the extension of time, namely that the AMWU had not become aware of the relevant decision until after the 30-day period had expired. The Court was required to determine whether the AMWU had established that there were exceptional circumstances warranting an extension of time. The Court found that the AMWU had not discharged the onus of showing that there were exceptional circumstances warranting an extension of time. The Court held that the AMWU had not made out a case of exceptional circumstances warranting an extension of time. The Court dismissed the AMWU's application. As the AMWU's application was dismissed, no further orders were made.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established