"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Cargill Australia Limited Summary

[2024] FWC 750

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

Cargill Australia Limited

(B2024/225)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 MARCH 2024

Application to extend the 30 day period in relation to B2024/101

This matter concerns the declaration of the result of a protected action ballot (PR771156) held in matter B2024/101 and declared 23 February 2024.

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.

Cargill Australia Limited (Cargill) 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 Cargill be extended by a further 30 days.

This order will operate on and from 22 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Australian Manufacturing Workers’ Union (AMWU), also known as the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, which applied for an extension of the 30-day period during which industrial action could be authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period if certain conditions are met. The application related to a ballot declared on 23 February 2024 in matter B2024/101, involving eligible AMWU members employed by Cargill Australia Limited.

The primary legal issue before the Commission was whether the AMWU had satisfied the statutory requirements to warrant an extension of the 30-day period. Under section 459(3) of the Fair Work Act, an extension can be granted if an applicant applies for the extension and if the period has not already been extended. The AMWU argued that both these conditions were met, and thus the period should be extended by a further 30 days. The other party, Cargill Australia Limited, did not object to the application.

The Commission considered the arguments presented by the AMWU and the lack of objection from Cargill. It found that the AMWU had fulfilled the requirements of section 459(3) of the Fair Work Act. The Commission was satisfied that the application should be granted as it met all the statutory prerequisites. Consequently, the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Cargill was extended by a further 30 days, effective from 22 March 2024.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Cargill Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established