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

[2023] FWC 2107

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

Cleanco Queensland Limited

(B2023/863)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 AUGUST 2023

Application to extend the 30 day period in relation to B2023/603

This matter concerns the declaration of the result of a protected action ballot (PR763358) held in matter B2023/603 and declared on 26 July 2023.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU or Applicant) 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.

Cleanco Queensland Limited (Cleanco) 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 Cleanco be extended by a further 30 days.

This order will operate on and from 23 August 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, known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission for an extension of the 30-day period within which industrial action could be authorised by a protected action ballot. The application was made in relation to industrial action against Cleanco Queensland Limited. The Commission was required to determine whether the statutory requirements for an extension under the Fair Work Act 2009 were met.

The central issue was whether the AMWU had satisfied the prerequisites under section 459(3) of the Act for the Commission to extend the 30-day period. These requirements include that an application for the extension be made to the Commission by an applicant for the protected action ballot order and that the period has not been previously extended. Cleanco did not object to the application. The Deputy President concluded that the statutory criteria were fulfilled.

The Deputy President was satisfied that the AMWU had met the statutory prerequisites for an extension of the 30-day period. The application was made by the AMWU, the applicant for the protected action ballot order, and there had been no previous extension of the period. Cleanco did not object to the application, which supported the granting of the extension. Consequently, the Deputy President ordered the extension of the 30-day period for a further 30 days, effective from 23 August 2023.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established