| [2022] FWC 2103 |
| 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
Centennial Myuna Pty Limited
(B2022/1181)
| VICE PRESIDENT CATANZARITI | SYDNEY, 8 AUGUST 2022 |
Application to extend the 30 day period in relation to B2022/467
On 4 August 2022, 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, PR741982 made on 25 May 2022. The Order applies to certain employees of Centennial Myuna Pty Limited (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 6 July 2022. 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 expired at midnight on 4 August 2022.
On 5 August 2022, the Respondent advised the Commission via email that it does not oppose 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 expired at midnight on 4 August 2022, the extension period will operate from 4 August 2022.
An order has been separately issued in PR744606.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR744607>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Centennial Myuna Pty Limited [2022] FWC 2103
- Case
- [2022] FWC 2103
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the application for an extension complied with the requirements of section 459(3) of the Fair Work Act. Specifically, the Commission had to determine if the AMWU had met all the necessary conditions to extend the 30-day period for protected action as per the Act. The Commission also needed to consider whether the period had been previously extended, which was a relevant factor in making its decision.
The Fair Work Commission, presided over by Vice President Catanzariti, determined that the application met all the requirements of section 459 of the Fair Work Act. Given that the 30-day period had not been extended previously and the AMWU had satisfied all relevant conditions, the Commission ruled that a 30-day extension was appropriate. The extension period would commence from 4 August 2022, the date on which the initial 30-day period expired. An order was subsequently issued in PR744606 to reflect this decision.
Orders
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Background
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