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

[2023] FWC 2667

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)

CSL Limited

(B2023/1085)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 13 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/915

This matter concerns the declaration of the result of a protected action ballot (PR765818) held in matter B2023/915 and declared on 18 September 2023.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing 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.

CSL Limited (CSL) 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 CSL be extended by a further 30 days.

This order will operate on and from 13 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< PR767183>

CaseChat Overview and Summary

The Fair Work Commission was asked to decide whether to extend a 30-day period in which industrial action could be authorised by a ballot. The union, AMWU, applied to the Commission under section 459(3) of the Fair Work Act 2009 to extend the period for protected action that had been authorised by a ballot. CSL Limited, the employer, did not object to the application. The union argued that the requirements of the Act had been met and that the period should be extended by a further 30 days.

The legal issue before the Commission was whether the union had satisfied the requirements of section 459(3) of the Act to extend the 30-day period for protected industrial action. The union had to demonstrate that it had applied for the extension and that the period had not been extended previously. The Commission needed to determine if the union's application met these criteria.

The Commission found that the union had met the requirements of section 459(3) of the Act. The union had made the application within the relevant timeframe and the period had not been extended previously. The Commission was satisfied that the union's application should be granted and accordingly ordered that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by CSL be extended by a further 30 days.

This order will operate from 13 October 2023. The Commission's decision was based on the union meeting the statutory requirements for extending the 30-day period and the absence of any objection from the employer. The Commission did not need to consider any other issues or make additional findings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established