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

[2023] FWC 1608

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

Cowan Manufacturing Pty. Limited

(B2023/666)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 3 JULY 2023

Application to extend the 30 day period in relation to B2023/334

This matter concerns the declaration of the result of a protected action ballot (PR761217) held in matter B2023/334 and declared on 31 May 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.

Cowan Manufacturing Pty. Limited has not 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 Cowan Manufacturing Pty. Limited be extended by a further 30 days.

This order will operate on and from 3 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to decide on an application by the Australian Manufacturing Workers' Union (AMWU) to extend the period for which industrial action was authorised by a protected action ballot, in relation to a dispute with Cowan Manufacturing Pty. Limited. The AMWU sought an extension of the 30-day period under section 459(3) of the Fair Work Act 2009, which allows for such an extension if certain conditions are met. Cowan Manufacturing Pty. Limited did not object to the application.

The court needed to determine whether the AMWU's application met the statutory requirements for an extension. The primary issue was whether the AMWU had fulfilled the conditions stipulated in section 459(3) of the Act, namely, that the union had applied for the extension and that the period had not been extended previously. The court also had to consider whether there were any other factors that should be taken into account in granting or refusing the application.

The Deputy President concluded that the AMWU had satisfied the statutory requirements for an extension of the 30-day period. The union had applied for the extension, and the period had not been extended previously. The Deputy President was satisfied that the application should be granted, and Cowan Manufacturing Pty. Limited did not object. Consequently, the court ordered that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Cowan Manufacturing Pty. Limited be extended by a further 30 days, effective from 3 July 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established