"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety

[2023] FWC 3233

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

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety

(B2023/1332)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 6 DECEMBER 2023

Application to extend the 30 day period in relation to B2023/1168

This matter concerns the declaration of the result of a protected action ballot (PR767649) held in matter B2023/1168 and declared on 9 November 2023.

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.

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety has now advised the Commission it has 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 Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety be extended by a further 30 days.

This order will operate on and from 6 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission to extend the 30-day period during which industrial action could be authorised by a protected action ballot. The application was in relation to matter B2023/1168, where the AMWU had conducted a ballot (PR767649) that was declared on 9 November 2023. The respondent, Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety, did not object to the application. The AMWU sought an extension under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period if the applicant for the protected action ballot order applies for an extension and if the period has not been extended before.

The key legal issue before the Commission was whether the requirements of section 459(3) of the Act had been met. Specifically, the AMWU needed to demonstrate that it had applied for the extension and that the 30-day period had not been extended previously. The Commission needed to determine if the AMWU's application met these conditions and, if so, whether the extension should be granted. Chubb Fire & Security Pty Ltd did not oppose the application, which simplified the decision-making process. The Deputy President Hampton was satisfied that the requirements of the Act were met and that the application should be granted.

In its decision, the Fair Work Commission found that the AMWU had fulfilled the necessary conditions for an extension under section 459(3) of the Act. The Commission concluded that the AMWU had applied for the extension and that the 30-day period had not been extended previously. As a result, the Commission granted the AMWU's application and ordered that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Chubb Fire & Security Pty Ltd be extended by a further 30 days, starting from 6 December 2023. This decision ensures that the AMWU can proceed with authorised industrial action within the extended timeframe, provided all other legal requirements are met.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established